Permitted in Texas?
Yes, the principal may specify that the power of attorney only becomes effective at a future date or once a specified future event takes place.[1]
Signing Requirements
The document must be signed by the principal, and their signature must be acknowledged by a notary public or other official authorized to take such acknowledgments.[2]
“Incapacity” Definition
Unless otherwise defined by a durable power of attorney, an individual is considered disabled or incapacitated for purposes of the durable power of attorney if a physician certifies in writing at a date later than the date the durable power of attorney is executed that, based on the physician’s medical examination of the individual, the individual is determined to be mentally incapable of managing the individual’s financial affairs.[3]