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A durable power of attorney has to be in writing, and it has to be signed by the principal and notarized. A durable power of attorney has to contain special words.
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.
A statutory or durable power of attorney gives an agent permission to access bank accounts, sell property and make other important decisions when the principal becomes incapacitated or unable to make decisions. It stays in effect until revoked or until the principal dies.
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.
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.