A special durable power of attorney for real estate transactions permits a principal to designate an agent for the specific purpose of purchasing, selling or refinancing real estate. The power of attorney can be personalized to grant or limit powers specific to the transaction and relationship between the principal and agent, as well as the specific situation. This form of power of attorney cannot be made durable; that is, it survives the disability of the principal, or a springing power, effective on the disability of the principal. Texas law requires the document be filed for record in the county in which the real estate is located not later than thirty days after the recordation of each instrument signed by the agent.
The statutory durable power of attorney more often used in Texas has broad, sweeping, detailed powers and can be used for real estate transactions as well as a wide variety of other transactions. However, most transactions that include title insurance require the use of a special durable power of attorney for real estate transactions.
