Signing checklist for Texas

The signing steps in Texas law, step by step. Pick your documents to see them.

Checked against official sources: October 31, 2026.

Short answer

This checklist lists the signing rules in Texas law. It does not check whether your document is valid.

Financial power of attorney: Notarized
Health care directive: Notarized or signed by two adult witnesses

Financial power of attorney: Texas

Choose your form Statutory Durable Power of Attorney. You do not have to use it. You do not have to use this form; other forms of power of attorney may be used. The form covers property and money only, not health care. It ends with a notary acknowledgment and an 'Important Information for Agent' page. HHSC lists the form as effective 9/2017 (Word file; Spanish version also posted). Official text
Law: Tex. Est. Code §§ 752.001, 752.003, 752.051
Sign it Signed by you (an adult), or in your conscious presence by another adult you direct to sign your name.
Law: Tex. Est. Code §§ 751.0021, 751.0023, 751.022
Notary or witnesses A durable power of attorney must be in writing, signed by you, and acknowledged before a notary public or another officer who can take acknowledgments and give oaths. It must contain words saying it is not affected by your later disability or incapacity, or that it starts on your disability or incapacity.
Law: Tex. Est. Code §§ 751.0021, 751.0023, 751.022
The agent signs too No separate agent signature is required. A person accepts the job of agent by acting as agent or by other conduct showing acceptance, unless the document says otherwise.
Law: Tex. Est. Code §§ 751.0021, 751.0023, 751.022
If you sign electronically A durable power of attorney can be a writing or other record, and a record includes information stored in electronic form. It must still be acknowledged before a notary or other officer. A Texas online notary public may take the acknowledgment by two-way audio-video conference.
Law: Tex. Est. Code §§ 751.0021, 751.0023, 751.022
If it may be used for real estate If the agent signs a real property document that will be recorded (such as a deed, deed of trust, mortgage, mineral lease or lien), the durable power of attorney must be recorded with the county clerk of the county where the property is, no later than 30 days after that document is filed for recording. The statutory form warns that for your agent to sign home equity loan documents, you must sign the power of attorney at the office of the lender, a lawyer, or a title company.

Health care directive: Texas

Choose your form Medical Power of Attorney Designation of Health Care Agent (MPOA). You do not have to use it. Official text
Law: Tex. Health & Safety Code §§ 166.154, 166.164
Sign it Signed by you. If you are physically unable to sign, another person may sign your name in your presence and at your express direction.
Law: Tex. Health & Safety Code §§ 166.003, 166.011, 166.032, 166.154
Notary or witnesses Sign the medical power of attorney in front of two qualified adult witnesses, who also sign, or instead sign it and have your signature acknowledged by a notary public. The same rule applies to the directive to physicians.
Law: Tex. Health & Safety Code §§ 166.003, 166.011, 166.032, 166.154
Who cannot witness Each witness must be a competent adult. At least one of the two witnesses must NOT be: your health care agent; related to you by blood or marriage; entitled to part of your estate by will or by law; your attending physician or the physician's employee; an employee of a health care facility where you are a patient who gives you direct care, or an officer, director, partner or business office employee of the facility; or someone with a claim against your estate.
Law: Tex. Health & Safety Code §§ 166.003, 166.011, 166.032, 166.154
If you sign electronically You, the witnesses or a notary may sign a medical power of attorney, directive to physicians, or a written revocation with a digital or electronic signature that meets the rules in Health and Safety Code 166.011 (verifiable, under the signer's sole control, and invalidated if the data changes).
Law: Tex. Health & Safety Code §§ 166.003, 166.011, 166.032, 166.154

After signing

Give copies to the right people Keep the signed documents in a safe place and give copies to your health care proxy and your doctors. Some states have registries that store an advance directive for doctors and your proxy.

Signing checklist

This checklist lists the signing rules in Texas law. It does not check whether your document is valid.

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