Powers of Attorney

Does A Durable Power Of Attorney Need To Be Notarized?

  • 1 min read

To be effective in Texas, a durable power of attorney must:

  • be in writing
  • signed by an adult
  • name an agent or attorney in fact
  • expressly provide that the agents authority either continues after the pricipal becomes disabled, or begins when the agent becomes disabled or incapacitated
  • be notarized

The durable power of attorney does not need to be signed by any witnesses. It is not necessary to file the durable power of attorney unless the agent uses it with respect to a real property transaction.

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Estate Planning Attorney Texas North Carolina

Rania Combs

Licensed in Texas & North Carolina

Rania graduated magna cum laude from South Texas College of Law Houston. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

©2026 Rania Combs Law, PLLC

The information contained in this website is provided for informational purposes only and should not be construed as offering legal advice or creating an attorney-client relationship between the reader and the author. You should not act or refrain from acting on the basis of any content included in this website without seeking appropriate legal advice about your individual facts and circumstances from an attorney licensed in your state. Rania Combs is licensed to practice law in Texas and North Carolina. Rania Combs is physically located in Chapel Hill, North Carolina and meets with clients in Houston, Texas by appointment only.