Yes, a notary is required.
The State Law Library says the statutory durable power of attorney form needs a notary.
In the official wording
"A notary is needed."
From the official pages listed below, checked November 2026.
What else the signing needs
- Witnesses
- None under the execution rule we read. The list of requirements in Estates Code 751.0021 is a writing, the principal's signature, durable wording and an acknowledgment; witnesses aren't among them.
- Agent's acknowledgment
- An agent accepts by exercising authority or performing duties, unless the power of attorney says otherwise (751.022).
"A person accepts appointment as an agent under a durable power of attorney by exercising authority"
- Recording for real estate
- For a real property transaction that needs a recorded instrument, the power of attorney is recorded with the county clerk where the property is, no later than 30 days after the instrument is filed (751.151).
"must be recorded in the office of the county clerk of the county in which the property is located"
- Official form
- Statutory Durable Power of Attorney. The State Law Library lists the statutory durable power of attorney, in English and Spanish, and the medical power of attorney form. Open the official form
- Durable after incapacity
- A durable power of attorney must contain the statute's durable sentence or words that clearly mean the same (751.0021).
"This power of attorney is not affected by subsequent disability or incapacity of the principal"
Next step
Sign by video with our New Jersey notary while you're in Texas, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How Texas treats it: Texas allows acknowledgments taken outside Texas by a notary of that place (Civ. Prac. & Rem. Code §121.001). How Texas treats another state's online notarization isn't spelled out, so confirm with whoever receives the document. More on Texas signers.
If the agent will use it for real estate, ask the title company or the county clerk before you sign.
Book an online notarization Request a mobile notary in Texas
In person, we look for a notary commissioned in Texas near you; you approve the price first.
If a local notary in Texas does it: Acknowledgments or proofs of instruments for registration, including certificate and seal, $10, under the state's fee rules (Texas notary fees).
And a health care power of attorney?
A notary or witnesses. The medical power of attorney is valid only if acknowledged before a notary or signed before two competent adult witnesses. The agent, relatives, heirs, the attending physician and some facility staff can't witness.
"You Sign It In The Presence Of Two Competent Adult Witnesses."
Two adult witnesses if you don't use a notary.
From Medical Power of Attorney Designation of Health Care Agent (Texas Health and Human Services). A health care document follows its own signing rule, separate from the financial one.
Official sources
- Powers of Attorney, Commonly Requested Legal Forms (Texas State Law Library) (checked November 2026)
- Medical Power of Attorney Designation of Health Care Agent (Texas Health and Human Services) (checked November 2026)
- H.B. 1974 (2017), enrolled, durable powers of attorney, Estates Code 751 (Texas Legislature) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is notarization required for a power of attorney in Texas?
Yes, a notary is required. The State Law Library says the statutory durable power of attorney form needs a notary.
Are witnesses needed for a Texas power of attorney?
None under the execution rule we read. The list of requirements in Estates Code 751.0021 is a writing, the principal's signature, durable wording and an acknowledgment; witnesses aren't among them.
Does the agent sign anything in Texas?
An agent accepts by exercising authority or performing duties, unless the power of attorney says otherwise (751.022).
Does a Texas power of attorney have to be recorded for a house sale?
For a real property transaction that needs a recorded instrument, the power of attorney is recorded with the county clerk where the property is, no later than 30 days after the instrument is filed (751.151).
Does a medical power of attorney need a notary in Texas?
A notary or witnesses. The medical power of attorney is valid only if acknowledged before a notary or signed before two competent adult witnesses. The agent, relatives, heirs, the attending physician and some facility staff can't witness.
Can I sign a Texas power of attorney with an online notary?
Our New Jersey notary can notarize it by video while you're in Texas. Texas allows acknowledgments taken outside Texas by a notary of that place (Civ. Prac. & Rem. Code §121.001). How Texas treats another state's online notarization isn't spelled out, so confirm with whoever receives the document.
Keep going
- Signing checklist
- Power of attorney rules in every state
- A will in Texas
- A small estate affidavit in Texas
A power of attorney in another state: South Dakota · Utah · every state