--- title: "Texas Power of Attorney Signing Requirements | MCC Solutions" description: "Texas power of attorney: A notary is required; no witnesses under the execution rule; recording before real estate use. From the state's own pages." url: "https://mcc-solutionsnj.com/notary/power-of-attorney-requirements-texas" --- Power of attorney · Texas # Texas power of attorney signing requirements How a power of attorney is signed under this state's law: the notary, the witnesses, what the agent signs, recording for real estate and the healthcare document. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) **Short answer.** A notary is required; no witnesses under the execution rule; recording before real estate use. ## At a glance Uniform act Estates Code 751.001 cites the subtitle as the Durable Power of Attorney Act (Acts 2011, H.B. 2759, in effect January 1, 2014). Notary The State Law Library says the statutory durable power of attorney form needs a notary. Witnesses 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). 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 it](https://guides.sll.texas.gov/legal-forms/powers-of-attorney) 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). Durable A durable power of attorney must contain the statute's durable sentence or words that clearly mean the same (751.0021). Healthcare document 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. ## In the official wording **Notary** Need this notarized? [Online notarization for signers in Texas](/notary/online-notary/texas). "A notary is needed." **Agent** "A person accepts appointment as an agent under a durable power of attorney by exercising authority" **Recording** "must be recorded in the office of the county clerk of the county in which the property is located" **Durability** "This power of attorney is not affected by subsequent disability or incapacity of the principal" **Healthcare** "You Sign It In The Presence Of Two Competent Adult Witnesses." ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Signing-day steps - **Statutory form:** recommended or optional - **Notary:** required - **Witnesses:** not required - **Agent's acknowledgment:** not required - **Recording for real estate:** required - **Durable after incapacity:** required Full checklist with the reasons: [financial](/notary/power-of-attorney-signing-checklist?state=tx&type=financial) · [healthcare](/notary/power-of-attorney-signing-checklist?state=tx&type=healthcare). Signing in New Jersey? MCC Solutions provides [mobile notarization](/notary/mobile-notary), [hospital notarization](/notary/hospital-notary) and [remote online notarization](/notary/remote-online-notarization) for New Jersey signers. Elsewhere, a local notary can help. ## Official sources - [Powers of Attorney, Commonly Requested Legal Forms (Texas State Law Library)](https://guides.sll.texas.gov/legal-forms/powers-of-attorney) (checked November 2026) - [Medical Power of Attorney Designation of Health Care Agent (Texas Health and Human Services)](https://fhb.hhs.texas.gov/sites/default/files/documents/medical-power-of-attorney-designation-of-health-care-agent-mpoa-english.pdf) (checked November 2026) - [H.B. 1974 (2017), enrolled, durable powers of attorney, Estates Code 751 (Texas Legislature)](https://capitol.texas.gov/tlodocs/85R/billtext/html/HB01974F.HTM) (checked November 2026) - [Estates Code Chapter 751, General provisions regarding durable powers of attorney (Texas Legislature)](https://tcss.legis.texas.gov/resources/ES/htm/ES.751.htm) (checked November 2026) General information, not legal advice; we are not lawyers. Have a lawyer prepare or review the power of attorney itself. ## Common questions **Does a power of attorney have to be notarized in Texas?** Yes. The State Law Library says the statutory durable power of attorney form needs a notary. **How many witnesses does a Texas power of attorney need?** 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 have to sign anything in Texas?** Not before acting. An agent accepts by exercising authority or performing duties, unless the power of attorney says otherwise (751.022). **Must a Texas power of attorney be recorded to sell or mortgage 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). **Is a Texas power of attorney durable?** Only if it says so. A durable power of attorney must contain the statute's durable sentence or words that clearly mean the same (751.0021). **How is a healthcare power of attorney signed in Texas?** 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. All states: [power of attorney requirements by state](/notary/power-of-attorney-requirements-by-state) · [South Dakota](/notary/power-of-attorney-requirements-south-dakota) · [Utah](/notary/power-of-attorney-requirements-utah) · [Signing a healthcare proxy or medical power of attorney](/notary/guides/healthcare-proxy-and-medical-poa-signing) Do it yourself ### Texas Power of Attorney Signing Kit Get your Texas power of attorney signed the way the state's own law describes. The State Law Library says the statutory durable power of attorney form needs a notary. [See what's inside ($19)](/toolkits/texas-power-of-attorney-signing-kit) [Free sample](/toolkits/texas-power-of-attorney-signing-kit#free-starter)14-day full refund ## Signing a power of attorney in New Jersey? [Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)