Do You Need to Have a Power of Attorney Notarized for the State of Texas?

Texas Power of Attorney documents must be notarized.

A power of attorney is a document giving another person--known as your agent or your attorney-in-fact--the right to make certain decisions and take certain actions on your behalf. Each state has different laws for what constitutes a legal power of attorney.

Types

There are several different types of powers of attorneys. A general power of attorney usually deals with finances and terminates upon your death or disability. A durable power of attorney may deal with financial decisions, medical decisions or both. The agent's power is not affected by your disability.

Notary Public

A notary public is a person who has been legally authorized to attest to the validity of a person's signature, take oaths and certify certain types of documents. According to the American Association of Notaries, a Texas notary must be at least 18 years of age, must be a legal resident of the state of Texas, and must be free of felony convictions and convictions of "moral turpitude."

Legal Power of Attorney in Texas

According to Texas statute, a legal power of attorney must meet several criteria: it must designate an attorney in fact; if it is a durable power of attorney, it must contain language that the agent's powers are not affected by your subsequent incapacity and it must be signed and acknowledged by you in front of a notary public.

References

• American Association of Notaries: Become a Texas Notary
• Find Legal Forms: Texas General Power of Attorney
• Oncle: Texas Probate Code--Section 482--Definition
• Oncle: Texas Probate Code--Section 490--Statutory Durable Power of Attorney