What does it do?

A durable power of attorney is one that either takes effect upon or lasts after the principal’s incapacitation. This is different from a general power of attorney, which would terminate at this point.

According to Section 751.00201 of the Texas Estates Code, a person is considered to be “incapacitated” for the purposes of a durable power of attorney if a doctor’s examination finds that they are not able to manage their own finances. The doctor must provide a written statement certifying this finding of incapacity.

Texas’s statutory form of durable power of attorney is found in Section 752.051 of the Texas Estates Code. It is a financial durable power of attorney – this means that it only allows the agent to handle financial matters. It does not permit the agent to make decisions about the principal’s health care.