How to notarize a power of attorney in Texas

This page covers the durable power of attorney used for financial matters, governed by the Texas Estates Code, Durable Power of Attorney Act (ch. 751). It is general information, not legal advice; a notary cannot help prepare or explain the document.

What makes a durable power of attorney valid (§751.0021)

The document must:

1. Be a writing that names an agent and gives that person authority to act for the principal.
2. Be signed by an adult principal, or by another adult at the principal’s direction and in the principal’s conscious presence.
3. Contain language that the power continues despite later disability or incapacity (for example “This power of attorney is not affected by subsequent disability or incapacity of the principal”), or becomes effective on incapacity, or similar words to that effect.
4. Be acknowledged by the principal (or the adult who signed at the principal’s direction) before an officer authorized in Texas or another state to take acknowledgments to deeds of conveyance and administer oaths.

A Texas notary public has the authority to take acknowledgments and administer oaths (Gov’t Code §406.016). The Estates Code section lists no witness requirement for a durable power of attorney.

Doing it

• The principal must appear before the notary, with unexpired government photo ID (what ID to bring).
• Don’t sign until you are with the notary; the notary identifies you and completes the acknowledgment certificate.
• You can appear in person or by online notarization (§121.006(c); online notary in Texas).
• Cost: the acknowledgment fee is up to $10 for the first signature and $1 for each additional (notary fees).

Where not to go

Benbrook Public Library says it does not notarize power of attorney documents (source). Check with any library or bank before you go; see free notary options for places that list their rules.

After it is notarized

• Real estate: a power of attorney used for a real property transaction that requires an instrument to be recorded must be recorded with the county clerk of the county where the property is located within 30 days after the instrument is filed for recording (§751.151).
• Banks and others: a person asked to accept a durable power of attorney generally has to decide within set time limits and may ask for an agent’s certification or an opinion of counsel; they cannot require a different form or recording unless the law requires it, but may refuse on listed grounds (§§751.201 to 751.206).
• A photocopy or electronically transmitted copy has the same effect as the original unless a statute or the document says otherwise (§751.0023(c)).

Not covered by this page

The Estates Code subtitle does not apply to a medical power of attorney, a proxy for voting or management rights in an entity, powers coupled with an interest, or forms prescribed by a government agency for a governmental purpose (§751.0015).

TODO: medical power of attorney execution and witness rules (Health & Safety Code ch. 166); the Texas statutory durable power of attorney form (Estates Code ch. 752); powers of attorney for vehicle titles or specific agencies. None were verified for this page.