Signing Over Authority
Estates Code 751.0021 — signed, acknowledged before an officer, and the durable words
In Texas, a durable power of attorney is a writing or other record designating an agent to act in the principal's place, whether or not it uses the words power of attorney. It is signed by an adult principal, or by another adult in the principal's conscious presence at the principal's direction, and acknowledged before an officer authorized to take acknowledgments to deeds and to administer oaths.
The words that make it durable. It 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 that clearly show the agent's authority is to be exercised despite a later disability or incapacity.
One signed in Texas is valid if its execution meets those requirements. One signed elsewhere is valid in Texas if it met the law of the jurisdiction that governs its meaning, or the federal requirements for a military power of attorney. Unless a statute or the document says otherwise, a photocopy or electronically sent copy has the same effect as the original.
An agent who accepts appointment is a fiduciary toward the principal when acting under the power of attorney, and has a duty to inform the principal and to account for what was done under it.
| The assumption | What the law actually does |
|---|---|
| The assumptionA signature is enough | What the law actually doesAcknowledged before an officer who can take acknowledgments to deeds and administer oaths |
| The assumptionIt has to be called a power of attorney | What the law actually doesAny writing or record designating an agent, whatever it is called |
| The assumptionA bank needs the original | What the law actually doesA photocopy or electronic copy has the same effect, unless a statute or the document says otherwise |
| The assumptionThe agent owes no explanation | What the law actually doesA duty to inform and to account for actions taken under it |
Medical powers of attorney, the statutory form, revocation, and when a third party must accept a document run under their own sections and are not on this page. Drafting, limiting or challenging one is a matter for a licensed Texas attorney.
Sources for this section (3)
- undefined 751.0021 — Requirements of durable power of attorney
- undefined 751.0023 — Validity of power of attorney
- undefined 751.101 — Fiduciary duties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.