How can we tell if a general power of attorney has durable provisions in Texas?

Full question:

My mother has a general power of attorney in Texas that states ' This general power of attorney shall not terminate on disability of the principal.' Is this general power of attorney thus operating as would a durable power of attorney?

• Category: Power of Attorney
• Date: 04/07/2025
• State: Texas

Answer:

Please see the following Texas statute regarding how the language in a particular power of attorney can be interpreted. Typically, a power of attorney with the correct language can remain effective even if the principal after execution becomes incompetent.

§ 482 PROB. CODE Definition

A "durable power of attorney" means a written instrument that:

(1) designates another person as attorney in fact or agent;

(2) is signed by an adult principal;

(3) contains the words "This power of attorney is not affected by subsequent disability or incapacity of the principal," or "This power of attorney becomes effective on the disability or incapacity of the principal," or similar words showing the principal's intent that the authority conferred on the attorney in fact or agent shall be exercised notwithstanding the principal's subsequent disability or incapacity; and

(4) is acknowledged by the principal before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state or any other state.