Financial Powers of Attorney

Does A Durable Power Of Attorney Need To Be Notarized?

by Rania Combs

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.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. 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.

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