Having said that, it is still probably a good idea to record the power of attorney at the courthouse, because a recorded power of attorney may hold more authority for some financial institutions. You do not need to file a power of attorney at the courthouse unless you want your agent to be able to act on your behalf in regards to a real estate transaction. In order for this power of attorney to be valid it must be notarized, but it doesn’t need to be signed by any witnesses like a will does. they want someone to be able to take care of some particular financial issues for them while they are out of town on vacation or wherever.ĭo I need to file a power of attorney in Texas in order for it to be valid? Likewise, some people have a power of attorney created for convenience sake, eg. For example, if you were temporarily or permanently incapacitated due to a terrible car accident, then this agent could pay your bills and manage your other financial affairs during your incapacity. You should verify and confirm any information provided with an attorney licensed in your state.A power of attorney, also known as a durable power of attorney, gives someone you trust completely the authority to act as your agent in making financial decisions for you in the event you are not able to do so yourself. If I refer to your state's laws, you should not rely on what I say I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. The law changes frequently and varies from state to state. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. review the Required Disclosure Statement prior to having it witnessed or notarized. Frequently, the question does not include important facts that, if known, could significantly change the answer. This statutory durable power of attorney is widely used by estate. These responses should be considered general legal education and are intended to provide general information about the question asked. I am ethically required to state that the above answer does not create an attorney/client relationship. My practice is focused in the areas of estate planning and probate administration. You are encouraged to hire a lawyer to assist you with the POA process. You will need two witnesses, one of which must be an individual other than the agent, relative of the principal, doctor, or beneficiary. All signatures need to be made in the presence of the notary. I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. Step 3: Take this form to a notary public to have it notarized. ***Please be sure to mark if you find the answer "helpful" or a "best" answer. The Texas Secretary of State office will reject any non-recordable document (power of attorney) if the notarization was not completed by a Texas notary public. Failing to meet expected practices makes it less likely that will happen. The goal is to have people accept the POA. Practically speaking, it is customary to have both witnesses and a notary. (b) Acknowledged by the principal before a notary public, who endorses on the durable power of attorney a certificate of that acknowledgment and the true date of taking the acknowledgment." It does not permit the agent to make decisions about the principal's health care. It is a financial durable power of attorney - this means that it only allows the agent to handle financial matters. A notary is someone who simply acknowledges that a person is signing a document. Texas's statutory form of durable power of attorney is found in Section 752.051 of the Texas Estates Code. However, if this is not possible, you should still complete the form to the best of your ability. (a) Signed in the presence of 2 witnesses, neither of whom is the attorney-in-fact, and both of whom also sign the durable power of attorney. In order to ensure the validity of the Power of Attorney, it should be notarized. The durable power of attorney shall be 1 or both of the following: (2) A durable power of attorney under this section shall be dated and signed voluntarily by the principal or signed by a notary public on the principal’s behalf pursuant to section 33 of the Michigan notary public act, 2003 PA 238, MCL 55.293. Under 700.5501, it calls for "1 or both."
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