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socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 38128
Experience:  Retired (mostly)
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I have a question about initials power of attorney. If a PoA

Customer Question

I have a question about initials for durable power of attorney for Texas. If a PoA was signed and notarized but not initialled and the Principal is not mentally fit to redo the PoA, does this mean that the PoA is not valid in any way?
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.


A Texas Statutory Power of Attorney Form is valid, even though, "one or more of the categories of optional powers listed in the form prescribed by Section 752.051 are not initialed." Estate Code 752.002(1). However, if none of the lines are initialed, then the power of attorney grants no powers to the appointed person. Which means that although the instrument may be valid as a whole, it does not authorize the appointed person to do anything. Which has the same effect as if the form were invalid.

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