Affidavits and Powers of Attorney—What Clients Should Know

What Is an Affidavit?

An affidavit is a written statement of fact that is sworn or affirmed to be true. It is commonly used in legal, financial, and administrative matters.

Examples include:

  • Name change affidavits
  • Residency affidavits
  • Small estate affidavits
  • Identity or correction affidavits

When notarized, the signer swears under oath that the information is accurate, which carries legal consequences if false.

What Is a Power of Attorney (POA)?

A Power of Attorney grants authority to another person (the agent) to act on your behalf. POAs are frequently used for:

  • Financial management
  • Medical decisions
  • Real estate transactions
  • Business operations

Texas recognizes several types of POAs, including durable and medical powers of attorney, many of which require notarization to be valid.

Important Considerations

  • Signers must be mentally competent
  • No coercion is permitted
  • Documents must be complete before notarization
  • The notary cannot draft or modify the document

Proper notarization ensures these critical documents are legally recognized and enforceable.

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