Texas Durable Power of Attorney Form

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The Texas Durable Power of Attorney Form is designed to let the Agent continue to act on behalf of the Principal even if the Principal is declared incapacitated. More often than not, these agreements are Springing, which means they will only take effect after the Principal has been declared incapacitated, rather than immediately upon being signed.

The Principal should be aware that under Texas state law, if the Principal is married to their Agent and they get a divorce, any Power of Attorney agreement between them will automatically be voided. If the Principal wishes for their former spouse to retain their powers (for whatever reason) they will need to draft and sign a new Power of Attorney agreement.