22 Texas Transaction Guide--Legal Forms § 92.212

Summary

• [1] Comment
  • [a] Use of Form

     

    This form provides a basic structure for drafting a “special,” or limited power of attorney. This form provides only a basic structure. It is not a complete power of attorney form, in that it does not specify the particular powers transferred to the attorney-in-fact. To complete the form, the drafter will have to specify the powers of the attorney-in-fact directly from the client-principal’s specifications, or the drafter may use any of the special provisions contained in Part C, particularly §§ 92.233–92.253.

    Great care should be taken in specifying the particular powers transferred. When a principal creates an agency without clearly establishing its extent, it will be presumed to be general, and not special [see, e.g., Hearn v. Hanlon-Buchanan, 179 S.W.2d 364, 367 (Civ. App.—Fort Worth 1944, ref. w.o.m.); see § 92.23[2]].

    A special power of attorney is appropriate for a principal who wants to empower someone to handle only a particular transaction or only a ...