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However, if you become incapacitated and do not have a Texas Medical Power of Attorney, all is not lost. A family member may still have the power to consent to medical treatment on your behalf. It may just not be the person you would have preferred to act as your surrogate.
You can work with an attorney, use estate planning software or download Texas' Statutory Durable Power of Attorney or Medical Power of Attorney Designation of Health Care Agent forms to print and fill out yourself. Choose your agent and detail the authority you'd like them to have.
What is a durable power of attorney? It must be in writing, It must name the person that you want to be your agent, It must be signed and notarized, and. It must say how the power of attorney is to be used.
Where to get forms. The Texas power of attorney forms may be found in the Texas Statutes (either in the bound volumes or from the State of Texas website); however, they are very user-friendly from either of these sources. More user-friendly versions may be found at various online resources.
In Texas, you're not required to hire a lawyer to create your power of attorney ? you can do it yourself, saving you time and money. As long as you follow Texas's requirements, any POA you create is legally binding.
We often hear the question, ?does the power of attorney need to be notarized in Texas?? The answer is yes; the document and any changes to it should be formally notarized. Once these steps are completed, power of attorney is validly granted.
In order for this power of attorney to be valid it must be notarized, but it doesn't need to be signed by any witnesses like a will does. You do not need to file a power of attorney at the courthouse unless you want your agent to be able to act on your behalf in regards to a real estate transaction.