Power of Attorney

When dealing with a real estate closing, it is not uncommon for parties to the sale to be unavailable to physically attend the closing. Except in limited scenarios most commonly involving home equity loans, the party to the sale who cannot attend, the “principal”, may confer authority to act on their behalf to a designated agent, the “attorney-in-fact”, through a durable power of attorney. To be a durable power of attorney, the power of attorney must contain language which states it is not affected upon the principal’s subsequent disability or incapacity. Though the statutory form for a Texas Durable Power of Attorney can be found in Tex. Estates Code §752.051, you should always consult with a licensed Texas attorney to prepare on your behalf to avoid potential errors and future issues.

Please note that as part of your closing, the durable power of attorney will be recorded in the real property records to evidence the attorney-in-fact’s authority to act on behalf of the principal.