New disability planning forms for use beginning September 1, 2017, except for one...
Thursday, August 31, 2017
Glenn Karisch

The Texas Legislature changed four disability planning forms and added a related form.  With one exception, these new forms should be used beginning September 1, 2017.

There were major changes to the durable power of attorney act.  This led to changes in the statutory durable power of attorney form and to the adoption of a new certification form for agents.

There were minor changes to the declaration of guardian form for adults and to the declaration for mental health treatment.  These changes make it unnecessary to use two witnesses if the declaration is acknowledged before a notary public, except that the declaration of guardian still requires two witnesses if it disqualifies anyone from serving as guardian.

All of the above forms are for use beginning September 1.  The exception is the medical power of attorney form.  It was revised to incorporate the disclosure statement in the form itself, eliminating the need for a separate disclosure statement.  The new form is effective January 1, 2018.  Its use is mandatory, so take care to use the correct form.

For more information, see Glenn Karisch's 2017 Legislative Update.

Article originally appeared on Texas Probate (
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