BlogTexas Durable Power of Attorney

January 10, 2019 / David Goodhart / 0 Comment

Texas Durable Power of Attorney


It’s pretty clear why you would want a Last Will & Testament. After all, you want to tell the world what to do with your possessions when you pass away. What happens, however, if you don’t pass away, but are incapacitated for a period of time because of, say, an accident or illness? What happens to your possessions then? Who will pay your bills, file your taxes, or otherwise carry on your financial existence? You can’t assume that your spouse or loved ones can step right in and take control of your life. For this reason, it is important to have a durable power of attorney set up.

Durable Power of Attorney Form

Why Is It Important?

The only person who can take care of your financial affairs is you, and most third-party entities won’t deal with your spouse or loved ones unless they have your written instructions giving them permission to do so.

That’s where a Texas Durable Power of Attorney form comes in. When you sign this properly-drafted Texas legal form, you are giving the person(s) you appoint (called your “agent”) the power to step into your shoes and take care of the items you describe in the form.

Need Battle-Tested Texas Legal Forms

Battle-Tested Legal Forms

To make things easier and more uniform, the State of Texas has a statutory form that most lawyers use. This legal form sets out all of the enumerated powers you are giving your agent. I offer that form for sale on this website with a couple, battle-tested changes.

First, most of my clients don’t want to give their agent any power on the exact day they sign the form. They only want the power to be transferred if, and only if, they become incapacitated. So, my form includes a “springing power feature” which states that the power only springs into effect if, and only if, you become incapacitated.

Additionally, my battle-tested Durable Power of Attorney form departs from the statutory form to strengthen the definition of “incapacity.” My form requires the diagnoses of two physicians, one of which is your personal physician, in determining whether you are incapacitated. This is a safety measure put in place to make sure trusted people you know are making important decisions on your behalf.

Get Help Creating Texas Estate Planning Forms

If you are in the process of planning for your estate upon your passing, be sure to make a Texas Durable Power of Attorney an integral part of your overall estate plan.
For more information about how to create a Texas Durable Power of Attorney or any other Texas legal forms, feel free to reach out to me at

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David Goodhart