reglab/housing_qa huggingface dataset:
TX Est Code § 751.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.002. Definitions

Sec. 751.002.  DEFINITIONS.  In this subtitle:(1)  "Actual knowledge" means the knowledge of a person without that person making any due inquiry, and without any imputed knowledge, except as expressly set forth in Section 751.211(c).(2)  "Affiliate" means a business entity that directly or indirectly controls, is controlled by, or is under common control with another business entity.(3)  "Agent" includes:(A)  an attorney in fact; and(B)  a co-agent, successor agent, or successor co-agent.(4)  "Durable power of attorney" means a writing or other record that complies with the requirements of Section 751.0021(a) or is described by Section 751.0021(b).(5)  "Principal" means an adult person who signs or directs the signing of the person's name on a power of attorney that designates an agent to act on the person's behalf.(6)  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.00201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.00201. Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney

Sec. 751.00201.  MEANING OF DISABLED OR INCAPACITATED FOR PURPOSES OF DURABLE POWER OF ATTORNEY.  Unless otherwise defined by a durable power of attorney, a person is considered disabled or incapacitated for purposes of the durable power of attorney if a physician certifies in writing at a date later than the date the durable power of attorney is executed that, based on the physician's medical examination of the person, the person is determined to be mentally incapable of managing the person's financial affairs.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.0021 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.0021. Requirements of Durable Power of Attorney

Sec. 751.0021.  REQUIREMENTS OF DURABLE POWER OF ATTORNEY.  (a)  An instrument is a durable power of attorney for purposes of this subtitle if the instrument:(1)  is a writing or other record that designates another person as agent and grants authority to that agent to act in the place of the principal, regardless of whether the term "power of attorney" is used;(2)  is signed by an adult principal or in the adult principal's conscious presence by another adult directed by the principal to sign the principal's name on the instrument;(3)  contains:(A)  the words:(i)  "This power of attorney is not affected by subsequent disability or incapacity of the principal"; or(ii)  "This power of attorney becomes effective on the disability or incapacity of the principal"; or(B)  words similar to those of Paragraph (A) that clearly indicate that the authority conferred on the agent shall be exercised notwithstanding the principal's subsequent disability or incapacity; and(4)  is acknowledged by the principal or another adult directed by the principal as authorized by Subdivision (2) before an officer authorized under the laws of this state or another state to:(A)  take acknowledgments to deeds of conveyance; and(B)  administer oaths.(b)  If the law of a jurisdiction other than this state determines the meaning and effect of a writing or other record that grants authority to an agent to act in the place of the principal, regardless of whether the term "power of attorney" is used, and that law provides that the authority conferred on the agent is exercisable notwithstanding the principal's subsequent disability or incapacity, the writing or other record is considered a durable power of attorney under this subtitle.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.0022 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.0022. Presumption of Genuine Signature

Sec. 751.0022.  PRESUMPTION OF GENUINE SIGNATURE.  A signature on a durable power of attorney that purports to be the signature of the principal or of another adult directed by the principal as authorized by Section 751.0021(a)(2) is presumed to be genuine, and the durable power of attorney is presumed to have been executed under Section 751.0021(a) if the officer taking the acknowledgment has complied with the requirements of Section 121.004(b), Civil Practice and Remedies Code.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.0023 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.0023. Validity of Power of Attorney

Sec. 751.0023.  VALIDITY OF POWER OF ATTORNEY.  (a)  A durable power of attorney executed in this state is valid if the execution of the instrument complies with Section 751.0021(a).(b)  A durable power of attorney executed in a jurisdiction other than this state is valid in this state if, when executed, the execution of the durable power of attorney complied with:(1)  the law of the jurisdiction that determines the meaning and effect of the durable power of attorney as provided by Section 751.0024; or(2)  the requirements for a military power of attorney as provided by 10 U.S.C. Section 1044b.(c)  Except as otherwise provided by statute other than this subtitle or by the durable power of attorney, a photocopy or electronically transmitted copy of an original durable power of attorney has the same effect as the original instrument and may be relied on, without liability, by a person who is asked to accept the durable power of attorney to the same extent as the original.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.0024 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.0024. Meaning and Effect of Durable Power of Attorney

Sec. 751.0024.  MEANING AND EFFECT OF DURABLE POWER OF ATTORNEY.  The meaning and effect of a durable power of attorney is determined by the law of the jurisdiction indicated in the durable power of attorney and, in the absence of an indication of jurisdiction, by:(1)  the law of the jurisdiction of the principal's domicile, if the principal's domicile is indicated in the power of attorney; or(2)  the law of the jurisdiction in which the durable power of attorney was executed, if the principal's domicile is not indicated in the power of attorney.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.003. Uniformity of Application and Construction

Sec. 751.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  This subtitle shall be applied and construed to effect the  general purpose of this subtitle, which is to make uniform to the fullest extent possible the law with respect to the subject of this subtitle among states enacting these provisions.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.005. Extension of Principal's Authority to Other Persons

Sec. 751.005.  EXTENSION OF PRINCIPAL'S AUTHORITY TO OTHER PERSONS.  If, in this subtitle, a principal is given an authority to act, that authority includes:(1)  any person designated by the principal;(2)  a guardian of the estate of the principal; or(3)  another personal representative of the principal.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.|
TX Est Code § 751.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.006. Remedies Under Other Law

Sec. 751.006.  REMEDIES UNDER OTHER LAW.  The remedies under this chapter are not exclusive  and do not abrogate any right or remedy under any law of this state other than this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.007. Conflict With or Effect on Other Law

Sec. 751.007.  CONFLICT WITH OR EFFECT ON OTHER LAW.  This subtitle does not:(1)  supersede any other law applicable to financial institutions or other entities, and to the extent of any conflict between this subtitle and another law applicable to an entity, the other law controls; or(2)  have the effect of validating a conveyance of an interest in real property executed by an agent under a durable power of attorney if the conveyance is determined under a statute or common law to be void but not voidable.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.021 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -1. Appointment of Agents|Section 751.021. Co-Agents

Sec. 751.021.  CO-AGENTS.  A principal may designate in a durable power of attorney two or more persons to act as co-agents.  Unless the durable power of attorney otherwise provides, each co-agent may exercise authority independently of the other co-agent.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.022 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -1. Appointment of Agents|Section 751.022. Acceptance of Appointment as Agent

Sec. 751.022.  ACCEPTANCE OF APPOINTMENT AS AGENT.  Except as otherwise provided in the durable power of attorney, a person accepts appointment as an agent under a durable power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance of the appointment.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.023 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -1. Appointment of Agents|Section 751.023. Successor Agents

Sec. 751.023.  SUCCESSOR AGENTS.  (a)  A principal may designate in a durable power of attorney one or more successor agents to act if an agent resigns, dies, or becomes incapacitated, is not qualified to serve, or declines to serve.(b)  A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function.(c)  Unless the durable power of attorney otherwise provides, a successor agent:(1)  has the same authority as the authority granted to the predecessor agent; and(2)  is not considered an agent under this subtitle and may not act until all predecessor agents, including co-agents, to the successor agent have resigned, died, or become incapacitated, are not qualified to serve, or have declined to serve.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.024 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -1. Appointment of Agents|Section 751.024. Reimbursement and Compensation of Agent

Sec. 751.024.  REIMBURSEMENT AND COMPENSATION OF AGENT.  Unless the durable power of attorney otherwise provides, an agent is entitled to:(1)  reimbursement of reasonable expenses incurred on the principal's behalf; and(2)  compensation that is reasonable under the circumstances.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.031 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -2. Authority of Agent Under Durable Power of Attorney|Section 751.031. Grants of Authority in General and Certain Limitations

Sec. 751.031.  GRANTS OF AUTHORITY IN GENERAL AND CERTAIN LIMITATIONS.  (a)  Subject to Subsections (b), (c), and (d) and Section 751.032, if a durable power of attorney grants to an agent the authority to perform all acts that the principal could perform, the agent has the general authority conferred by Subchapter C, Chapter 752.(b)  An agent may take the following actions on the principal's behalf or with respect to the principal's property only if the durable power of attorney designating the agent expressly grants the agent the authority and the exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:(1)  create, amend, revoke, or terminate an inter vivos trust;(2)  make a gift;(3)  create or change rights of survivorship;(4)  create or change a beneficiary designation; or(5)  delegate authority granted under the power of attorney.(c)  Notwithstanding a grant of authority to perform an act described by Subsection (b), unless the durable power of attorney otherwise provides, an agent who is not an ancestor, spouse, or descendant of the principal may not exercise authority under the power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.(d)  Subject to Subsections (b) and (c) and Section 751.032, if the subjects over which authority is granted in a durable power of attorney are similar or overlap, the broadest authority controls.(e)  Authority granted in a durable power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, regardless of whether:(1)  the property is located in this state; and(2)  the authority is exercised in this state or the power of attorney is executed in this state.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.032 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -2. Authority of Agent Under Durable Power of Attorney|Section 751.032. Gift Authority

Sec. 751.032.  GIFT AUTHORITY.  (a)  In this section, a gift for the benefit of a person includes a gift to:(1)  a trust;(2)  an account under the Texas Uniform Transfers to Minors Act (Chapter 141, Property Code) or a similar law of another state; and(3)  a qualified tuition program of any state that meets the requirements of Section 529, Internal Revenue Code of 1986.(b)  Unless the durable power of attorney otherwise provides, a grant of authority to make a gift is subject to the limitations prescribed by this section.(c)  Language in a durable power of attorney granting general authority with respect to gifts authorizes the agent to only:(1)  make outright to, or for the benefit of, a person a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed:(A)  the annual dollar limits of the federal gift tax exclusion under Section 2503(b), Internal Revenue Code of 1986, regardless of whether the federal gift tax exclusion applies to the gift; or(B)  if the principal's spouse agrees to consent to a split gift as provided by Section 2513, Internal Revenue Code of 1986, twice the annual federal gift tax exclusion limit; and(2)  consent, as provided by Section 2513, Internal Revenue Code of 1986, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual federal gift tax exclusions for both spouses.(d)  An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if the agent actually knows those objectives.  If the agent does not know the principal's objectives, the agent may make a gift of the principal's property only as the agent determines is consistent with the principal's best interest based on all relevant factors, including the factors listed in Section 751.122 and the principal's personal history of making or joining in making gifts.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.033 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -2. Authority of Agent Under Durable Power of Attorney|Section 751.033. Authority to Create or Change Certain Beneficiary Designations

Sec. 751.033.  AUTHORITY TO CREATE OR CHANGE CERTAIN BENEFICIARY DESIGNATIONS.  (a)  Unless the durable power of attorney otherwise provides, and except as provided by Section 751.031(c), authority granted to an agent under Section 751.031(b)(4) empowers the agent to:(1)  create or change a beneficiary designation under an account, contract, or another arrangement that authorizes the principal to designate a beneficiary, including an insurance or annuity contract, a qualified or nonqualified retirement plan, including a retirement plan as defined by Section 752.113, an employment agreement, including a deferred compensation agreement, and a residency agreement;(2)  enter into or change a P.O.D. account or trust account under Chapter 113; or(3)  create or change a nontestamentary payment or transfer under Chapter 111.(b)  If an agent is granted authority under Section 751.031(b)(4) and the durable power of attorney grants the authority to the agent described in Section 752.108 or 752.113, then, unless the power of attorney otherwise provides, the authority of the agent to designate the agent as a beneficiary is not subject to the limitations prescribed by Sections 752.108(b) and 752.113(c).(c)  If an agent is not granted authority under Section 751.031(b)(4) but the durable power of attorney grants the authority to the agent described in Section 752.108 or 752.113, then, unless the power of attorney otherwise provides and notwithstanding Section 751.031, the agent's authority to designate the agent as a beneficiary is subject to the limitations prescribed by Sections 752.108(b) and 752.113(c).|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.034 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. -2. Authority of Agent Under Durable Power of Attorney|Section 751.034. Incorporation of Authority

Sec. 751.034.  INCORPORATION OF AUTHORITY.  (a) An agent has authority described in this chapter if the durable power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Chapter 752 or cites the section in which the authority is described.(b)  A reference in a durable power of attorney to general authority with respect to the descriptive term for a subject in Chapter 752 or a citation to one of those sections incorporates the entire section as if the section were set out in its entirety in the power of attorney.(c)  A principal may modify authority incorporated by reference.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.|
TX Est Code § 751.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter B. Effect of Certain Acts on Exercise of Durable Power of Attorney|Section 751.051. Effect of Acts Performed by Agent

Sec. 751.051.  EFFECT OF ACTS PERFORMED BY AGENT.  An act performed by an agent under a durable power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 4, eff. September 1, 2017.|