How can a power of attorney be terminated in Texas?

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A power of attorney in Texas can be terminated under certain conditions, and one primary way is through the principal revoking it in writing or upon the principal's death. This means that the principal, who is the person granting the power of attorney, has the authority to revoke the document whenever they wish, as long as it is done in a clear, written form. Additionally, the power of attorney automatically terminates when the principal passes away, making it null and void immediately upon death.

This method of termination emphasizes the principal's control over the power of attorney and underscores the important legal principle that the authority granted to an agent ceases when the principal no longer wishes to grant it or upon the principal's death. Courts typically recognize these actions as most valid since they reflect the principal's intentions.

Other options do not align with the legal framework in Texas regarding the termination of a power of attorney. For instance, while the resignation of an agent could render the power of attorney ineffective, it does not itself constitute a termination mechanism by the principal or the court. A third-party notarized letter is not a recognized method of termination, nor is it necessary for a court to terminate a power of attorney, since the power primarily rests with the principal.

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