Here is a thorough guide about filling out the durable power of attorney form in the state of Texas. Before you start, please understand that the template we use for our instructions is the official form provided by the Texas Health and Human Services Commission (or the Texas HHSC).
1. Download the Form
It is impossible to create the correct document without a relevant template, right? First, you need to find the proper form online. Use our form-building software to download the official template or visit the Texas HHSC site. Once you get the form, open it on your laptop or desktop. You can either print it and write everything using a pen or fill in the info by typing.
2. Read the Notice at the Beginning
The form starts with a notice that every signatory should read before filling the template out. Familiarize yourself with the provided information and proceed to the following step.
3. Choose the Relevant Option
After the notice, you have to define the moment until which your agent’s authority is effective. There are three options:
- Your death or the document’s revocation
- Your agent decides to resign or to no longer act for you, or the court removes them
- There is a guardian chosen for your properties.
Once you choose one of them, the form will be valid until any of the mentioned occasions. Another option is to specify your wishes by selecting one or two options.
4. Identify Yourself and Your Agent
Insert your name and address and the same details regarding the agent you are appointing in the relevant lines.
5. Specify Your Agent’s Responsibilities
You will see a long list of deeds and matters that you can attach to your agent. There are more than ten different issues to choose from.
Among them are the following:
- Tax matters
- Business operations
- Real estate transactions
- Digital assets management
- Banking and other financial institutions operations
- Transactions related to your retirement plan and family maintenance
- And many other important types of transactions.
You can select either some of the responsibilities or go directly to the last point that says “All of the powers listed” if you fully trust your agent and wish to transfer all the actions to them. You have to insert your initials in every selected line to confirm this or that responsibility.
6. Provide Special Instructions
The following section is for you to provide some comments and additional instructions. Read all the offered options carefully and insert your initials against those relevant to your case. Below the suggested options, you will also see blank lines where you can add some more guidelines, so your agent acts in full accordance with your wishes.
Below the lines, you will see two options that also describe your document’s effectiveness. Read them thoroughly and cross out the one that does not suit your situation.
7. Name the agent’s successor(s)
This template allows you to specify people (successors) who can substitute your agent if something occurs to your agent and they cannot perform for you anymore. Write the full names of all possible successors.
8. Sign the Form
After filling out the template, you should sign the document to make it valid. Enter the current date and append your signature in the appropriate lines.
9. Notarize the Document
In Texas, your DPOA form should be verified by a notary public. After you are done with the paper, pass it to a notary, who will then affix their signature and seal (if any).
10. Pass the Form to Your Agent
Your agent must be aware of the form creation and read the “important information” section before the notary’s signature.