How To Get Power Of Attorney In Texas

Texas Real Estate Power of Attorney Form

Texas Real Estate Power of Attorney Form is a document that will be completed by a principal to elect an agent to continue to organize, sell, mortgage, or perform any transactions with regard to their real estate. Only the actions the principal defines in this document will be allowed to the agent's representational powers. The agent will oversee the property if the Principal is ill or absent. This document will require notarization. The principal may revoke this document at any time in writing to the agent.

Once the form is signed it must be filed with the Real Property Records of the County where the real property is located.

Laws

Statutes – Durable Power of Attorney Act

Signing Requirements (V.T.C.A., Estates Code § 751.0021) – Notary Public.

How to Write

1 – Download This Template Then Produce The Requested Information

When it is time to appoint an Agent or Attorney-in-Fact with Principal Authority over Principal Real Estate, an official declaration will need to be made by the Principal. This can be in the form of the template on this page. Download this paperwork. There will be three buttons under the preview picture giving you access to the file types it is available in.

2 – The Principal And Attorney-in-Fact Will Be The Focus Of The Introduction

The Principal statement at the start of this document acts as a tool of declaration that will name both the Principal and the Attorney-in-Fact. Naturally, it will require that some information is supplied where it is requested. Begin with the Principal entity that will be assigning his or her Principal Powers to the Attorney-in-Fact. Document the Legal Name of the Principal on the first blank space.

The second, third, and fourth blank areas request the Principal's Address be reported. The area before the bracketed label "Street Address," and the two blank spaces after "City Of" and "State Of" will accept the individual components of the Principal's Address.

The Attorney-in-Fact who will wield the Principal's Authority with the concerned Real Estate Properties must also be formally declared through this statement's language. The blank space after the words "…Hereby Appoint" will request the Legal Name of the Attorney-in-Fact supplied on it.

To continue the Attorney-in-Fact report, the last three blank areas in this paragraph to document the Attorney-in-Fact's Address, City, and State.

3 – The Type Of Power The Agent Can Wield Must Be Principal Approved

The Real Estate Powers the Attorney-in-Fact can wield on behalf of the Principal are categorized in a brief four item list provided in "Article I. Assignment Of Authority." The Attorney-in-Fact will need the Principal to approve each category where he or she must wield Principal Power in order to have that ability. Only the Principal can supply such approval, and this must be done through the Principal's Act of Initialing.

The Principal will have to supply his or her initials to the blank line that precedes the label "Sale Of Real Estate" if he or she intends on granting the Agent the ability to make the decisions and take the actions necessary for selling a property on the Principal's behalf. In addition to this, the Principal must mark the checkbox after the initialing. The "Sale of Real Estate" paragraph will contain two blank lines that must also be satisfied. The first blank space in this paragraph requires the Physical Address of the property the Agent may act with while the second blank space must have the Legal Description of this property entered. If there is not enough room for either of these pieces of information to be supplied, you may draw up a separate document with this information then attach it to this one. If the Principal has decided the Attorney-in-Fact must be able to arrange and execute the "Purchase Of Real Estate" on his or her behalf, then the Principal must initial and check the next statement. If so, the Physical Location and the Legal Description of the Real estate the Attorney-in-Fact may use Principal Powers with should be defined using the spaces after the term "…Located At" and "…Description Of"The Principal's Management Powers over a Property may be conferred to the Attorney-in-Fact once the Principal initials the third paragraph and marks the checkbox just before the "Management Of Real Estate." This paragraph must also have the concerned Property's exact Location and Legal Description recorded in the required areas.The Principal can deliver the Authority to Refinance a Property in his or her Name by tending to the "Refinancing" paragraph. The Physical Street Address and the Legal Description the Attorney-in-Fact may represent the Principal with must be recorded on the two blank spaces in this paragraph description. It will be mandatory that the Principal initial and check the area preceding the paragraph label to deliver this Power to the Attorney-in-Fact.

4 – A Principal Report On Termination Must Be Produced

The Principal's determined lifespan for the Principal Powers here must be defined as well as the delivered Power(s). The section designated with the bold title "Article III. Term." Three distinct methods defining the Termination of these Principal Powers have been supplied for the Principal to choose from. Each one will assume the Principal Powers will be effective upon the execution of this document. These Powers can be set to naturally Terminate on a specific Calendar Date by the Principal if he or she initials statement "a" and entering the Termination Date across the three blank spaces after the words "…Revocation Or Automatically On The." If the Principal Powers should remain active until the "…Incapacity, Or Death, Or Revocation" of the Principal then the Principal should initial and check the area between the letter "b" and the words "(Non-Durable Option)." The Power in this document may be set to terminate only upon the "Death Or Revocation" of the Principal when the Principal initials and checks statement "c."

5 – The Principal Must Sign This Template To Formally Appoint The Agent

The Principal will need to attend to "Article VI. Revocation" to execute the terms of this document. Here, the Principal must submit his or her Signature and Signature Date. The Principal should begin with the Signature Date by placing the Calendar Date, Month, and Year of this document's signing on the first, second, and third blank lines after the words "…This Instrument To"

The Principal must then Sign and Print his or her Name on the blank spaces after the labels "Principals Signature" and "Print Name" (respectively).

The Attorney-in-Fact will also need to solidify his or her participation by signing and printing his or her Name on the lines labeled "Agent's Signature" and "Print Name."

Due to the impact, this appointment can (potentially) have on the Principal's life, the Execution of this paperwork will need to take place before two Witnesses and it must be Notarized. The two witness statements, "Affirmation By Witness 1" and "Affirmation By Witness 2," must both be supplied with several items. First, enter the Full Name of one Witness in each testimony on the first blank space (respectively). Each one must then read the paragraph with his or her Name listed then, sign and print his or her Name on the blank lines below the testimonial.

The Notary Public will fill in the "Notary Acknowledgment" section to notarize this document. The Signature Parties must turn this paperwork over to the Notary so that he or she may perform this task

At the end of this document, the Attorney-in-Fact must officially supply his or her Signature and Printed Name to the statement in the "Acceptance By Agent Signature" section.