Does a notarized durable power of attorney in Texas need witnesses?

Full question:

Does a general durable power of attorney form (no medical decisions) in Texas need to have witnesses if the form is notarized properly?

Answer:

In Texas, witnesses are not required for a general durable power of attorney if the document is properly notarized. According to Texas law, a durable power of attorney must be a written document that:

  1. Designates another person as the attorney-in-fact or agent;
  2. Is signed by an adult principal;
  3. Includes specific language indicating that the power of attorney remains effective despite the principal's subsequent disability or incapacity; and
  4. Is acknowledged before a notary public.

This means that as long as the power of attorney is notarized, it does not need witnesses to be valid.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Texas, a medical power of attorney (POA) must be signed by the principal and can be either notarized or witnessed by two qualified individuals. If the document is notarized, witnesses are not required. However, it is essential to ensure that the medical POA complies with Texas law to be valid. Always consult legal resources or an attorney for specific guidance on your situation.