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Texas Financial Durable Power of Attorney Form

The Texas Financial Durable Power of Attorney Form can be used in order to choose someone who can legally act on your behalf for all of your financial decisions. The person you chose can be anyone you believe will serve you best in this role.

 

Texas Financial Durable Power of Attorney Form.pdf This form can be used to designate someone to act in your best interests for all financial decisions. The person can be anyone you decide and the forDownload

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Texas Statutory Durable Power Of Attorney 	
 	
STATUTORY DURABLE POWER OF ATTORNEY 
 
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND 
SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF 
ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY 
QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. 
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL 
AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS 
POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. 
 
 
            I, __________ (insert your name and address), appoint __________ (insert the 
name and address of the person appointed) as my agent (attorney-in-fact) to act for me in 
any lawful way with respect to all of the following powers except for a power that I have 
crossed out below. 
 
            TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER 
WITHHELD. 
 
            Real property transactions; 
 
            Tangible personal property transactions; 
 
            Stock and bond transactions; 
 
            Commodity and option transactions; 
 
            Banking and other financial institution transactions; 
 
            Business operating transactions; 
 
            Insurance and annuity transactions; 
 
            Estate, trust, and other beneficiary transactions; 
 
            Claims and litigation; 
 
            Personal and family maintenance; 
 
            Benefits from social security, Medicare, Medicaid, or other governmental programs 
or civil or military service; 
 
            Retirement plan transactions; 
 
            Tax matters.

IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT 
SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF 
ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SHALL HAVE THE 
POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I 
COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT. 
 
 
SPECIAL INSTRUCTIONS: 
 
            Special instructions applicable to gifts (initial in front of the following sentence to 
have it apply): 
 
            I grant my agent (attorney in fact) the power to apply my property to make gifts, 
except that the amount of a gift to an individual may not exceed the amount of annual 
exclusions allowed from the federal gift tax for the calendar year of the gift. 
 
            ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS 
LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. 
 
_______________________________________________________________________ 
 
_______________________________________________________________________ 
 
_______________________________________________________________________ 
 
_______________________________________________________________________ 
 
_______________________________________________________________________ 
 
 
            UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF 
ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS 
REVOKED. 
 
            CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING 
OUT THE ALTERNATIVE NOT CHOSEN: 
 
            (A) This power of attorney is not affected by my subsequent disability or incapacity. 
 
            (B) This power of attorney becomes effective upon my disability or incapacity. 
 
 
            YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF 
ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.

IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT 
YOU CHOSE ALTERNATIVE (A). 
 
            If Alternative (B) is chosen and a definition of my disability or incapacity is not 
contained in this power of attorney, I shall be considered disabled or incapacitated for 
purposes of this power of attorney if a physician certifies in writing at a date later than the 
date this power of attorney is executed that, based on the physician's medical examination of 
me, I am mentally incapable of managing my financial affairs. I authorize the physician who 
examines me for this purpose to disclose my physical or mental condition to another person 
for purposes of this power of attorney. A third party who accepts this power of attorney is 
fully protected from any action taken under this power of attorney that is based on the 
determination made by a physician of my disability or incapacity. 
 
            I agree that any third party who receives a copy of this document may act under it. 
Revocation of the durable power of attorney is not effective as to a third party until the third 
party receives actual notice of the revocation. I agree to indemnify the third party for any 
claims that arise against the third party because of reliance on this power of attorney. 
 
           If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I 
name the following (each to act alone and successively, in the order named) as successor(s) 
to that agent: __________. 
 
 
            Signed this ______ day of __________, 20___ 
 
__________  (your signature) 
 
State of _______________________ 
 
County of ______________________ 
 
This document was acknowledged before me on _________________________(date) 
by __________ (name of principal) 
 
__________ (signature of notarial officer) 
 
(Seal, if any, of notary) ___________________________________ 
 
__________ (printed name) 
 
My commission expires: __________ 
 
 
            THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING 
UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL 
RESPONSIBILITIES OF AN AGENT.
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