A power of attorney is a document in which one person, the principal, gives another person, the agent, authority to act on their behalf. People sign them before a surgery, before a long stretch away from home, when a parent begins to need help managing money, and when someone in another country needs a relative in Midland to handle a matter here. Texas requires most powers of attorney to be acknowledged before a notary, and we notarize them regularly. Here is what the document does and what happens at the signing.
The kinds Texas recognizes
- Statutory durable power of attorney: the standard Texas form for financial matters. Durable means it stays in effect if the principal later becomes incapacitated, which is usually the whole point.
- Medical power of attorney: names someone to make health care decisions when you cannot. It is a separate document with its own form and its own signing requirements, and it is not covered by the financial one.
- Limited or special power of attorney: authority for one purpose, such as selling a specific vehicle, signing at a real estate closing, or handling a matter while you are abroad. It ends when the task is done or on the date written in it.
- Power of attorney for a motor vehicle: a specific state form used for title transactions.
What the notary checks
The principal must appear in person with valid government photo identification. The notary confirms the identity matches the name on the document, confirms the principal understands what the document is and is signing willingly, and watches the signature or hears the principal acknowledge a signature already made. If the principal appears confused about what they are signing, or someone else in the room is answering for them, the notary is required to stop. That is not an obstacle; it is the protection the notarization exists to provide.
The agent does not have to be present and does not sign in front of the notary, although some forms include a section the agent signs later to accept the role.
Bring the complete document with every blank filled in or struck through. A power of attorney with an empty space for the agent's name, or a blank effective date, is not something we can notarize, because it could be completed later by someone else in a way you did not intend.
Before you come in
- 01Decide what authority you are giving. The statutory form has a list of powers you initial individually; you do not have to grant all of them.
- 02Decide when it takes effect: immediately, or only upon a doctor's determination that you cannot manage your affairs. Both are valid; they work differently.
- 03Name a successor agent in case the first cannot serve.
- 04Do not sign until you are in front of the notary, unless the document is set up for acknowledgment and you are prepared to acknowledge the signature as yours.
- 05Bring your identification and, if the document will be used in another country, tell us so we can prepare it for an apostille.
Frequently asked questions
Can the notary prepare the power of attorney for me?
A notary who is not an attorney cannot draft legal documents or advise you on which powers to grant. Texas publishes a statutory form that you complete yourself, and we can notarize that. Questions about what to include are for a lawyer.
My mother is in a nursing home and cannot come in. Can it still be done?
The principal has to appear before the notary, but the notary can travel to her. Call and ask; what matters is that she is able to understand and sign willingly on the day.
Does a Texas power of attorney work in Mexico?
Usually only after an apostille from the Texas Secretary of State, and the receiving institution may have its own format requirements. Ask them what they need before signing anything here.
Come in with the form
Notarizations are done at 700 C Andrews Hwy in Midland during business hours, in English and Spanish. Call (432) 257-7547 first if you have a question about what to bring.
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