To be effective in Texas, the following the durable power of attorney must
- be in writing
- signed by an adult
- name an agent or attorney in fact
- expressly provide that the agents authority either continues after the pricipal becomes disabled, or begins when the agent becomes disabled or incapacitated
- be notarized
The durable power of attorney does not need to be signed by any witnesses. It is not necessary to file the durable power of attorney unless the agent uses it with respect to a real property transaction.