Power of Attorney & Wills Notarization: Texas FAQ

A power of attorney and a will serve very different purposes, but families often need both notarized around the same time, usually when a loved one is aging, ill, or planning ahead. Here's how notarizing each one actually works in Texas.

What Is a Power of Attorney?

A power of attorney (POA) lets someone else, an "agent", make decisions or sign documents on your behalf while you're alive. Common types include a durable power of attorney for finances and property, a medical power of attorney for healthcare decisions, and a real estate power of attorney for someone who can't be present at a closing. A POA takes effect while you're living and ends when you die.

Notarizing a Will in Texas

A will directs how your estate is handled after you die. Texas wills are typically notarized as part of a "self-proving affidavit", signed by you and two witnesses in front of a notary, which makes the will easier to probate later without needing the witnesses to testify in court. The notary doesn't judge whether the will is fair or complete, only that the signer is who they say they are and is signing knowingly.

When You Might Need Both

• Estate planning after a health diagnosis, both documents are often prepared and signed together

• A parent aging into needing help with finances or medical decisions while also formalizing a will

• Before travel, surgery, or military deployment, when someone wants both documents in place in case they can't act for themselves

Frequently Asked Questions

Can you notarize a power of attorney at a hospital or nursing home?

Yes, this is one of our most common calls. We verify the signer's ID and capacity to sign, and can coordinate with hospital or facility staff on visiting requirements.

Do I need witnesses for a will, and can you provide them?

Texas wills typically require two witnesses in addition to notarization for the self-proving affidavit. We can discuss your document's specific requirements when you book, and in many cases can arrange witnesses.

Does a power of attorney still work after the person dies?

No. A power of attorney ends at death, at that point the will (and probate process) governs the estate instead. This is exactly why families often want both documents current at the same time.

Last updated: July 2026. Need a power of attorney, will, or medical directive notarized? Learn more about our POA & wills notarization service or call/text (210) 972-8667.