DOC. 301 · TEXAS · STATUTORY DURABLE POWER OF ATTORNEY

Durable power of attorney .

The document you sign while you’re well, so the person you trust can handle your money and property if one day you can’t. Texas wrote the form into its Estates Code; Clausebook puts your answers in its blanks and explains every line. Below, one family in Austin prepares theirs.

Start the guided setup → Meet the family ↓
TEXAS ESTATES CODE § 752.051 · THE FORM, WORD FOR WORD LAW READ — OCTOBER 2026 NO WITNESSES · A NOTARY ACKNOWLEDGES IT
ONE FAMILY · ONE FORM · SCROLL TO PREPARE IT
Doc. 301 · Durable power of attorneyDraft
Durable power of attorney
STATUTORY FORM · TEXAS ESTATES CODE § 752.051
§ 1I,  , of Austin, Texas, appoint the agent below to act for me in any lawful way with respect to all of the powers I have initialed: line (O), all of them.
§ 2Agent — my son,  , from the day I sign: my bank accounts, my bills, my house, my taxes. Expenses only, no pay.
§ 3Successor — my daughter,  , to act alone if James dies, becomes incapacitated, resigns or refuses to act.
AcknowledgmentAcknowledged before a notary public,
Travis County · no witnesses
Status: in effect · a copy with James · waiting 2026
IN USE ✓ Accepted by her bank · within ten business days
Kathleen Moore
Principal
James Moore
Agent · acting
Megan Moore Ellis
Successor agent
LIVE — THIS DOCUMENT PREPARES ITSELF AS YOU SCROLL
§ 1 / 6 — TODAY

Kathleen decides, at her kitchen table in Austin.

She’s 74, sharp as ever, and she has seen what happens to families who wait. So she decides now, while no one could doubt she knows what she is signing. Not a document about decline; a document about deciding.

HOW: ON THE STATUTE’S OWN FORM, TEXAS ESTATES CODE § 752.051, SIGNED ON PAPER IN FRONT OF A NOTARY. NO WITNESSES.

§ 2 / 6 — HER SON

James takes the numbers.

The bank, the bills, the house, the taxes — Kathleen initials line (O): all fourteen powers, from real property to digital assets. She keeps alternative (A), so it works from the day she signs and goes on working if she can no longer decide. Expenses only: James asked for no pay.

§ 3 / 6 — HER DAUGHTER

Megan waits in the wings.

If James dies, becomes incapacitated, resigns or refuses to act, Megan steps in as successor agent. The form names successors one after another, each acting alone. Both children said yes before their names went in.

NOTE: THIS FORM COVERS MONEY AND PROPERTY ONLY. HEALTH CARE DECISIONS NEED A SEPARATE MEDICAL POWER OF ATTORNEY.

§ 4 / 6 — ACKNOWLEDGED

Ten minutes at the notary.

At her credit union on South Congress, Kathleen initials her lines, crosses out (B) and signs in front of a notary public, who checks her photo ID and completes the acknowledgment. No witnesses: Texas asks for a notary instead. The original goes in her desk; James gets a copy, which works like the original.

§ 5 / 6 — THE QUIET YEARS

Then, hopefully, nothing.

Birthdays. Grandchildren. Bluebonnets in April. The power of attorney is in effect but unused — and that is the best case. Kathleen can revoke it whenever she wishes; the form says so in its first paragraph.

§ 6 / 6 — IF THE DAY COMES

Her rules, his hands.

Years later, a stroke. James takes a copy to her bank, which must accept it, or ask for his certification within ten business days and then accept it within seven. He signs “Kathleen Moore by James Moore as Agent,” keeps a record of every action, and stops if his authority ends. No guardianship case: the family acts on the decision she made years before.

Prepare yours — $1
SCHEDULE A — THE PRACTICAL PART

Six facts, no mystique.

FormThe statute’s own, Texas Estates Code § 752.051 — word for word
SignedOn paper, before a notary who completes the acknowledgment — no witnesses
In effectFrom signing (A), or on a physician’s certification (B): you cross out one
CoversMoney and property — not health care decisions
AcceptedA bank accepts it, or asks for a certification within 10 business days
EndsOn revocation or death, or when a guardian of the estate qualifies
SCHEDULE B — THE ALTERNATIVE

With one, or without one.

With a durable power of attorney

  • §Kathleen chose who acts for her — years ahead, on the statute’s own form.
  • §Her bank must accept it, or ask for James’s certification within ten business days.
  • §A copy works like the original, and nothing is recorded unless James signs a real estate instrument for her.
  • §The cost: a notary’s fee, capped by Texas law; a notary may charge less, or nothing.

Without one: a guardianship of her estate

  • ·Someone must apply to a court to become guardian of her estate.
  • ·The court must find, by clear and convincing evidence, that she is incapacitated.
  • ·The application needs a physician’s letter or certificate from an examination in the 120 days before it is filed.
  • ·The guardian gives a bond set by the judge and files an annual account with the court.
SCHEDULE C — CONSIDERATION

$1

48-HOUR PASS TO EVERY DOCUMENT · THEN $22 EVERY 4 WEEKS · CANCEL ANYTIME

The guided setup walks you through every choice in plain English — your agent, a co-agent and successors, when it takes effect, which powers, pay and gifts — and gives you the statutory form of Texas Estates Code § 752.051, word for word, with your answers in its blanks, a signing guide that matches your answers to its lines, a guide for your agent, and the agent’s certification form. This is not a substitute for the advice of an attorney.

Prepare your power of attorney →
INSTANT DOWNLOAD · PRINT-READY · FOR YOU, OR FOR HELPING A PARENT

Kathleen, James and Megan are illustrative. This is not a substitute for the advice of an attorney: Clausebook is not a law firm, and we provide the statute’s form and information about the law, not legal advice. The form covers property and financial matters, under Texas law. For a home equity loan, the form itself says it must be signed at the office of the lender, an attorney at law, or a title company. For health care decisions, a business, a trust or a complex estate, talk to a Texas attorney first. The law was read in October 2026 and can change.