Fill Texas Statutory Durable Power of Attorney (SDPOA) online
Statutory Durable Power of Attorney
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Texas Statutory Durable Power of Attorney (SDPOA) in short
The Texas Statutory Durable Power of Attorney lets an adult name an agent to handle property and financial matters. It is the form set out in Section 752.051 of the Texas Estates Code. It does not cover medical decisions.
| Issued by | Texas Health and Human Services Commission (HHSC); form set by Texas Estates Code Section 752.051 |
|---|---|
| Current version | No revision printed on the document. HHS page: Effective Date 9/2017. (checked 2026-10-25) |
| Who fills it in | An adult principal in Texas who wants someone to act for them on property and money matters. The principal signs, or another adult signs at the principal's direction and in their conscious presence. |
| Who receives it | Not filed with the state. Third parties such as banks receive a copy when the agent acts. If used for certain real property transactions, it must be recorded with the county clerk. |
| Where to send it | Not sent to any agency. Under Estates Code Section 751.151, a durable power of attorney used for a real property transaction with a recorded instrument must be recorded with the county clerk where the property is located, no later than the 30th day after the instrument is filed for recording. |
| Deadline | No deadline to sign. The real property recording deadline above applies when relevant. |
| Official links | Official page · Official PDF |
What changed
Section 752.051 was last amended in 2017 (effective September 1, 2017), which matches the HHS effective date of 9/2017.
How to fill out Texas Statutory Durable Power of Attorney (SDPOA), line by line
| Notice | Statutory notice Explains that the powers are broad and sweeping, that it does not cover health care, and that you may revoke it. It is part of the statutory form. |
| Appointment | Your name and address; agent's name and address You may appoint co-agents. Unless you say otherwise, co-agents may act independently. |
| Powers (A) to (O) | Initial the powers you grant Initial each power you want to give, or initial (O) to grant all of (A) through (N). Powers you do not initial are withheld. |
| Special instructions | Compensation, co-agents and gifts Initial one compensation option and one co-agent option. Initial the gift sentence only if you want the agent to make gifts up to the federal annual gift tax exclusion. |
| Special instructions | Other limits or extensions Optional lines to limit or extend the agent's powers. |
| Effective date | Alternative (A) or (B) Cross out the one you do not choose. (A) means effective now and not affected by later incapacity. (B) means effective on your disability or incapacity. If neither is crossed out, (A) applies. |
| Successor agents | Successors Name people to act, one at a time in order, if an agent dies, becomes incapacitated, resigns, refuses, is removed, or is divorced from you. |
| Signature | Signature and notary acknowledgment Sign and date, then have the signature acknowledged before a notary or other officer authorized to take acknowledgments and administer oaths. |
| Important Information for Agent | Agent duties Explains fiduciary duties, record keeping, termination events and liability. It is part of the statutory form. |
Common mistakes to avoid
- Not having the signature acknowledged before a notary or other authorized officer. Section 751.0021 requires it.
- Leaving both effective date alternatives in place when you wanted it to start on incapacity. If neither is crossed out, the form treats it as effective now.
- Expecting it to cover medical decisions. Use the Texas Medical Power of Attorney for that.
- Wanting the agent to sign home equity loan documents but signing somewhere other than the lender's office, an attorney's office or a title company, as the notice requires.
- Assuming a new power of attorney cancels an old one. Under Section 751.135, it does not unless the new one says so.
- Expecting the agent to have trust, gift beyond the stated limit or beneficiary change powers. These specific powers in Section 751.031(b) need the optional grant language in Section 752.052.
Questions about Texas Statutory Durable Power of Attorney (SDPOA)
Does a Texas durable power of attorney need a notary?
Yes. Section 751.0021 requires it to be acknowledged before an officer authorized to take acknowledgments and administer oaths, such as a notary. The statutory form does not use witnesses.
When does it take effect?
Unless you direct otherwise, it is effective immediately. If you choose alternative (B), it starts on your disability or incapacity, which a physician certifies in writing unless you define it differently.
How long does it last?
Unless you say otherwise, until you die or revoke it, your agent resigns, is removed or cannot act, or a guardian is appointed for your estate. A temporary guardian suspends it unless a court orders otherwise.
How do I revoke it?
The statute lets the principal revoke the power of attorney or the agent's authority but does not set one method. The form says termination is not effective as to a third party until that party has actual knowledge of it. Rules vary by situation. Check the official statute and guidance linked on this page before you sign.
Is there an official PDF?
Texas HHS publishes the form as a Word file in English and Spanish, not as a PDF. The text comes from Texas Estates Code Section 752.051.
Does divorce end my spouse's authority?
Yes, unless the power of attorney provides otherwise. Section 751.132 ends an agent's authority when the marriage to the principal is dissolved or declared void.
Related forms
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Sources
Checked against the official sources on 2026-10-25. PDF Editor Hub is not affiliated with the Texas Health and Human Services Commission or any government agency. This page is general information, not legal or tax advice.
- https://fhb.hhs.texas.gov/forms/advance-directives/statutory-durable-power-attorney-sdpoa
- https://fhb.hhs.texas.gov/sites/default/files/documents/laws-regulations/forms/SDPOA/SDPOA.docx
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.752.htm
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.751.htm
- https://www.hhs.texas.gov/policies-practices-privacy