Power of Attorney in Texas: Types and When You Need One

A power of attorney (POA) is a legal document that lets you appoint someone you trust — called an "agent" — to make decisions on your behalf. In Texas, there are several types, each serving a different purpose.

Types of Power of Attorney in Texas

Statutory Durable Power of Attorney

This is the most common type in Texas. It covers financial and legal matters — managing bank accounts, paying bills, handling real estate, filing taxes, and more. "Durable" means it stays in effect even if you become incapacitated.

Texas has a specific statutory form for this outlined in the Texas Estates Code, which makes it widely recognized by banks and institutions.

Medical Power of Attorney

This appoints someone to make healthcare decisions for you if you're unable to communicate your own wishes. This is different from a Directive to Physicians (living will), which states your specific wishes about end-of-life treatment.

Many people create both documents together for comprehensive healthcare coverage.

General Power of Attorney

Grants broad authority to act on your behalf, but it ends if you become incapacitated. This is typically used for specific situations, like having someone handle a real estate closing while you're out of town.

When Do You Need a Power of Attorney?

• You're over 18: Every adult should have at least a statutory durable POA and medical POA in place.
• You're a business owner: Ensures your business can keep operating if something happens to you.
• You're aging or have health concerns: Having a POA in place before you need it is critical — once you're incapacitated, it's too late to create one.
• You're traveling or deployed: Someone can handle your affairs while you're away.

Important: Don't Wait

The biggest mistake people make is waiting until they need a power of attorney to create one. By the time you're incapacitated, it's too late. Your family would have to go through a costly and time-consuming court guardianship process instead.