reglab/housing_qa huggingface dataset:
TX Est Code § 751.052 (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 751.052. Relation of Attorney in Fact or Agent to Court-Appointed Guardian of Estate

Text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 2For text of section as transferred, redesignated, and amended by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 6, see Sec. 751.133.Sec. 751.052.  RELATION OF ATTORNEY IN FACT OR AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE.  (a)  If, after execution of a durable power of attorney, a court appoints a:(1)  permanent guardian of the estate for a ward who is the principal who executed the power of attorney, on the qualification of the guardian the powers and authority granted to the attorney in fact or agent named in the power of attorney are automatically revoked; or(2)  temporary guardian of the estate for a ward who is the principal who executed the power of attorney, on the qualification of the guardian the powers and authority granted to the attorney in fact or agent named in the power of attorney are automatically suspended for the duration of the guardianship unless the court enters an order that:(A)  affirms and states the effectiveness of the power of attorney; and(B)  confirms the validity of the appointment of the named attorney in fact or agent.(b)  If the powers and authority of an attorney in fact or agent are revoked as provided by Subsection (a), the attorney in fact or agent shall:(1)  deliver to the guardian of the estate all assets of the ward's estate that are in the possession of the attorney in fact or agent; and(2)  account to the guardian of the estate as the attorney in fact or agent would account to the principal if the principal had terminated the powers of the attorney in fact or agent.|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. 514 (S.B. 39), Sec. 2, eff. September 1, 2017.|
TX Est Code § 751.054 (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 751.054. Knowledge of Termination of Power; Good-Faith Acts

Sec. 751.054.  KNOWLEDGE OF TERMINATION OF POWER; GOOD-FAITH ACTS. Without reference to the amendment of this subsection, this section was repealed by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 15(3), eff. September 1, 2017.   (a)  The revocation by, the death of, or the qualification of a temporary or permanent guardian of the estate of a principal who has executed a durable power of attorney or the removal of an attorney in fact or agent under Chapter 753 does not revoke, suspend, or terminate the agency as to the attorney in fact, agent, or other person who acts in good faith under or in reliance on the power without actual knowledge of the termination or suspension, as applicable, of the power by:(1)  the revocation;(2)  the principal's death;(3)  the qualification of a temporary or permanent guardian of the estate of the principal; or(4)  the attorney in fact's or agent's removal.|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. 514 (S.B. 39), Sec. 3, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 15(3), eff. September 1, 2017.|
TX Est Code § 751.055 (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 751.055. Affidavit Regarding Lack of Knowledge of Termination of Power or of Disability or Incapacity; Good-Faith Reliance

Sec. 751.055.  AFFIDAVIT REGARDING LACK OF KNOWLEDGE OF TERMINATION OF POWER OR OF DISABILITY OR INCAPACITY; GOOD-FAITH RELIANCE. Without reference to the amendment of this subsection, this section was repealed by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 15(4), eff. September 1, 2017. (a)  As to an act undertaken in good-faith reliance on a durable power of attorney, an affidavit executed by the attorney in fact or agent under the durable power of attorney stating that the attorney in fact or agent did not have, at the time the power was exercised, actual knowledge of the termination or suspension of the power, as applicable, by revocation, the principal's death, the principal's divorce or the annulment of the principal's marriage if the attorney in fact or agent was the principal's spouse, the qualification of a temporary or permanent guardian of the estate of the principal, or the attorney in fact's or agent's removal, is conclusive proof as between the attorney in fact or agent and a person other than the principal or the principal's personal representative dealing with the attorney in fact or agent of the nonrevocation, nonsuspension, or nontermination of the power at that time.|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. 514 (S.B. 39), Sec. 4, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 15(4), eff. September 1, 2017.|
TX Est Code § 751.057 (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 751.057. Effect of Bankruptcy Proceeding

Sec. 751.057.  EFFECT OF BANKRUPTCY PROCEEDING.  (a)  The filing of a voluntary or involuntary petition in bankruptcy in connection with the debts of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the principal's agent.(b)  Any act the agent may undertake with respect to the principal's property is subject to the limitations and requirements of the United States Bankruptcy Code (11 U.S.C. Section 101 et seq.) until a final determination is made in the bankruptcy proceeding.|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.|
TX Est Code § 751.101 (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 C. Duty to Inform and Account|Section 751.101. Fiduciary Duties

Sec. 751.101.  FIDUCIARY DUTIES.  A person who accepts appointment as an agent under a durable power of attorney as provided by Section 751.022 is a fiduciary as to the principal only when acting as an agent under the power of attorney and has a duty to inform and to account for actions taken under the power of attorney.|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.|
TX Est Code § 751.102 (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 C. Duty to Inform and Account|Section 751.102. Duty to Timely Inform Principal

Sec. 751.102.  DUTY TO TIMELY INFORM PRINCIPAL.  (a)  The agent shall timely inform the principal of each action taken under a durable power of attorney.(b)  Failure of an agent to timely inform, as to third parties, does not invalidate any action of the agent.|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.|
TX Est Code § 751.103 (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 C. Duty to Inform and Account|Section 751.103. Maintenance of Records

Sec. 751.103.  MAINTENANCE OF RECORDS.  (a)  The agent shall maintain records of each action taken or decision made by the agent.(b)  The agent shall maintain all records until delivered to the principal, released by the principal, or discharged by a court.|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.|
TX Est Code § 751.104 (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 C. Duty to Inform and Account|Section 751.104. Accounting

Sec. 751.104.  ACCOUNTING.  (a)  The principal may demand an accounting by the agent.(b)  Unless otherwise directed by the principal, an accounting under Subsection (a) must include:(1)  the property belonging to the principal that has come to the agent's knowledge or into the agent's possession;(2)  each action taken or decision made by the agent;(3)  a complete account of receipts, disbursements, and other actions of the agent that includes the source and nature of each receipt, disbursement, or action, with receipts of principal and income shown separately;(4)  a listing of all property over which the agent has exercised control that includes:(A)  an adequate description of each asset; and(B)  the asset's current value, if the value is known to the agent;(5)  the cash balance on hand and the name and location of the depository at which the cash balance is kept;(6)  each known liability; and(7)  any other information and facts known to the agent as necessary for a full and definite understanding of the exact condition of the property belonging to the principal.(c)  Unless directed otherwise by the principal, the agent shall also provide to the principal all documentation regarding the principal's property.|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.|
TX Est Code § 751.105 (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 C. Duty to Inform and Account|Section 751.105. Effect of Failure to Comply; Suit

Sec. 751.105.  EFFECT OF FAILURE TO COMPLY; SUIT.  If the agent fails or refuses to inform the principal, provide documentation, or deliver an accounting under Section 751.104 within 60 days of a demand under that section, or a longer or shorter period as demanded by the principal or ordered by a court, the principal may file suit to:(1)  compel the agent to deliver the accounting or the assets; or(2)  terminate the durable power of attorney.|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.|
TX Est Code § 751.106 (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 C. Duty to Inform and Account|Section 751.106. Effect of Subchapter on Principal's Rights

Sec. 751.106.  EFFECT OF SUBCHAPTER ON PRINCIPAL'S RIGHTS.  This subchapter does not limit the right of the principal to terminate the durable power of attorney or to make additional requirements of or to give additional instructions to the agent.|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.|
TX Est Code § 751.121 (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 C. -1. Other Duties of Agent|Section 751.121. Duty to Notify of Breach of Fiduciary Duty by Other Agent

Sec. 751.121.  DUTY TO NOTIFY OF BREACH OF FIDUCIARY DUTY BY OTHER AGENT.  (a)  An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate under the circumstances to safeguard the principal's best interest.  An agent who fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken the action.(b)  Except as otherwise provided by Subsection (a) or the durable power of attorney, an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff. September 1, 2017.|
TX Est Code § 751.122 (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 C. -1. Other Duties of Agent|Section 751.122. Duty to Preserve Principal's Estate Plan

Sec. 751.122.  DUTY TO PRESERVE PRINCIPAL'S ESTATE PLAN.  An agent shall preserve to the extent reasonably possible the principal's estate plan to the extent the agent has actual knowledge of the plan if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:(1)  the value and nature of the principal's property;(2)  the principal's foreseeable obligations and need for maintenance;(3)  minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and(4)  eligibility for a benefit, a program, or assistance under a statute or regulation.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff. September 1, 2017.|
TX Est Code § 751.131 (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 C. -2. Duration of Durable Power of Attorney and Agent's Authority|Section 751.131. Termination of Durable Power of Attorney

Sec. 751.131.  TERMINATION OF DURABLE POWER OF ATTORNEY.  A durable power of attorney terminates when:(1)  the principal dies;(2)  the principal revokes the power of attorney;(3)  the power of attorney provides that it terminates;(4)  the purpose of the power of attorney is accomplished;(5)  one of the circumstances with respect to an agent described by Section 751.132(a)(1), (2), or (3) arises and the power of attorney does not provide for another agent to act under the power of attorney; or(6)  a permanent guardian of the estate of the principal has qualified to serve in that capacity as provided by Section 751.133.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff. September 1, 2017.|
TX Est Code § 751.132 (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 C. -2. Duration of Durable Power of Attorney and Agent's Authority|Section 751.132. Termination of Agent's Authority

Sec. 751.132.  TERMINATION OF AGENT'S AUTHORITY.  (a)  An agent's authority under a durable power of attorney terminates when:(1)  the principal revokes the authority;(2)  the agent dies, becomes incapacitated, is no longer qualified, or resigns;(3)  the agent's marriage to the principal is dissolved by court decree of divorce or annulment or is declared void by a court, unless the power of attorney otherwise provides; or(4)  the power of attorney terminates.(b)  Unless the durable power of attorney otherwise provides, an agent's authority may be exercised until the agent's authority terminates under Subsection (a), notwithstanding a lapse of time since the execution of the power of attorney.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff. September 1, 2017.|
TX Est Code § 751.133 (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 C. -2. Duration of Durable Power of Attorney and Agent's Authority|Section 751.133. Relation of Agent to Court-Appointed Guardian of Estate

Text of section as transferred, redesignated, and amended by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 6For text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 2, see Sec. 751.052.Sec. 751.133.  RELATION OF AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE.  (a)  If, after execution of a durable power of attorney, a court of the principal's domicile appoints a permanent guardian of the estate of the principal, the powers of the agent terminate on the qualification of the guardian of the estate.  The agent shall:(1)  deliver to the guardian of the estate all assets of the incapacitated person's estate that are in the possession of the agent; and(2)  account to the guardian of the estate as the agent would account to the principal if the principal had terminated the powers of the agent.(b)  If, after execution of a durable power of attorney, a court of the principal's domicile appoints a temporary guardian of the estate of the principal, the court may suspend the powers of the agent on the qualification of the temporary guardian of the estate until the date the term of the temporary guardian expires.  This subsection may not be construed to prohibit the application for or issuance of a temporary restraining order under applicable law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.Transferred, redesignated and amended from Estates Code, Section 751.052 by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 6, eff. September 1, 2017.|
TX Est Code § 751.134 (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 C. -2. Duration of Durable Power of Attorney and Agent's Authority|Section 751.134. Effect on Certain Persons of Termination of Durable Power of Attorney or Agent's Authority

Sec. 751.134.  EFFECT ON CERTAIN PERSONS OF TERMINATION OF DURABLE POWER OF ATTORNEY OR AGENT'S AUTHORITY.  Termination of an agent's authority or of a durable power of attorney is not effective as to the agent or another person who, without actual knowledge of the termination, acts in good faith under or in reliance on the power of attorney.  An act performed as described by this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff. September 1, 2017.|
TX Est Code § 751.135 (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 C. -2. Duration of Durable Power of Attorney and Agent's Authority|Section 751.135. Previous Durable Power of Attorney Continues in Effect Until Revoked

Sec. 751.135.  PREVIOUS DURABLE POWER OF ATTORNEY CONTINUES IN EFFECT UNTIL REVOKED.  The execution of a durable power of attorney does not revoke a durable power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other durable powers of attorney are revoked.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff. September 1, 2017.|
TX Est Code § 751.151 (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 D. Recording Durable Power of Attorney for Certain Real Property Transactions|Section 751.151. Recording for Real Property Transactions Requiring Execution and Delivery of Instruments

Sec. 751.151.  RECORDING FOR REAL PROPERTY TRANSACTIONS REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS.  A durable power of attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a release, assignment, satisfaction, mortgage, including a reverse mortgage, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, including a home equity lien, or other claim or right to real property, must be recorded in the office of the county clerk of the county in which the property is located not later than the 30th day after the date the instrument is filed for recording.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 808 (H.B. 3316), Sec. 1, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 7, eff. September 1, 2017.|