reglab/housing_qa huggingface dataset:
TX Est Code § 751.201 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.201. Acceptance of Durable Power of Attorney Required; Exceptions

Sec. 751.201.  ACCEPTANCE OF DURABLE POWER OF ATTORNEY REQUIRED; EXCEPTIONS.  (a)  Unless one or more grounds for refusal under Section 751.206 exist, a person who is presented with and asked to accept a durable power of attorney by an agent with authority to act under the power of attorney shall:(1)  accept the power of attorney; or(2)  before accepting the power of attorney:(A)  request an agent's certification under Section 751.203 or an opinion of counsel under Section 751.204 not later than the 10th business day after the date the  power of attorney is presented, except as provided by Subsection (c); or(B)  if applicable, request an English translation under Section 751.205 not later than the fifth business day after the date the power of attorney is presented, except as provided by Subsection (c).(b)  Unless one or more grounds for refusal under Section 751.206 exist and except as provided by Subsection (c), a person who requests:(1)  an agent's certification must accept the durable power of attorney not later than the seventh business day after the date the person receives the requested certification; and(2)  an opinion of counsel must accept the durable power of attorney not later than the seventh business day after the date the person receives the requested opinion.(c)  An agent presenting a durable power of attorney for acceptance and the person to whom the power of attorney is presented may agree to extend a period prescribed by Subsection (a) or (b).(d)  If an English translation of a durable power of attorney is requested as authorized by Subsection (a)(2)(B), the power of attorney is not considered presented for acceptance under Subsection (a) until the date the requestor receives the translation.  On and after that date, the power of attorney shall be treated as a power of attorney originally prepared in English for all the purposes of this subchapter.(e)  A person is not required to accept a durable power of attorney under this section if the agent refuses to or does not provide a requested certification, opinion of counsel, or English translation under this subchapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.202 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.202. Other Form or Recording of Durable Power of Attorney as Condition of Acceptance Prohibited

Sec. 751.202.  OTHER FORM OR RECORDING OF DURABLE POWER OF ATTORNEY AS CONDITION OF ACCEPTANCE PROHIBITED.  A person who is asked to accept a durable power of attorney under Section 751.201 may not require that:(1)  an additional or different form of the power of attorney be presented for authority that is granted in the power of attorney presented to the person; or(2)  the power of attorney be recorded in the office of a county clerk unless the recording of the instrument is required by Section 751.151 or another law of this state.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.204 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.204. Opinion of Counsel

Sec. 751.204.  OPINION OF COUNSEL.  (a)  Before accepting a durable power of attorney under Section 751.201, the person to whom the power of attorney is presented may request from the agent presenting the power of attorney an opinion of counsel regarding any matter of law concerning the power of attorney so long as the person provides to the agent the reason for the request in a writing or other record.(b)  Except as otherwise provided in an agreement to extend the request period under Section 751.201(c), an opinion of counsel requested under this section must be provided by the principal or agent, at the principal's expense.  If, without an extension, the requestor requests the opinion later than the 10th business day after the date the durable power of attorney is presented to the requestor, the principal or agent may, but is not required to, provide the opinion, at the requestor's expense.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.205 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.205. English Translation

Sec. 751.205.  ENGLISH TRANSLATION.  (a)  Before accepting a durable power of attorney under Section 751.201 that contains, wholly or partly, language other than English, the person to whom the power of attorney is presented may request from the agent presenting the power of attorney an English translation of the power of attorney.(b)  Except as otherwise provided in an agreement to extend the request period under Section 751.201(c), an English translation requested under this section must be provided by the principal or agent, at the principal's expense.  If, without an extension, the requestor requests the translation later than the fifth business day after the date the durable power of attorney is presented to the requestor, the principal or agent may, but is not required to, provide the translation, at the requestor's expense.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.207 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.207. Written Statement of Refusal of Acceptance Required

Sec. 751.207.  WRITTEN STATEMENT OF REFUSAL OF ACCEPTANCE REQUIRED.  (a)  Except as provided by Subsection (b), a person who refuses to accept a durable power of attorney under this subchapter shall provide to the agent presenting the power of attorney for acceptance a written statement advising the agent of the reason or reasons the person is refusing to accept the power of attorney.(b)  If the reason a person is refusing to accept a durable power of attorney is a reason described by Section 751.206(2) or (3):(1)  the person shall provide to the agent presenting the power of attorney for acceptance a written statement signed by the person under penalty of perjury stating that the reason for the refusal is a reason described by Section 751.206(2) or (3); and(2)  the person refusing to accept the power of attorney is not required to provide any additional explanation for refusing to accept the power of attorney.(c)  The person must provide to the agent the written statement required under Subsection (a) or (b) on or before the date the person would otherwise be required to accept the durable power of attorney under Section 751.201.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.208 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.208. Date of Acceptance

Sec. 751.208.  DATE OF ACCEPTANCE.  A durable power of attorney is considered accepted by a person under Section 751.201 on the first day the person agrees to act at the agent's direction under the power of attorney.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.209 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.209. Good Faith Reliance on Durable Power of Attorney

Sec. 751.209.  GOOD FAITH RELIANCE ON DURABLE POWER OF ATTORNEY.  (a)  A person who in good faith accepts a durable power of attorney without actual knowledge that the signature of the principal or of another adult directed by the principal to sign the principal's name as authorized by Section 751.0021 is not genuine may rely on the presumption under Section 751.0022 that the signature is genuine and that the power of attorney was properly executed.(b)  A person who in good faith accepts a durable power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely on the power of attorney as if:(1)  the power of attorney were genuine, valid, and still in effect;(2)  the agent's authority were genuine, valid, and still in effect; and(3)  the agent had not exceeded and had properly exercised the authority.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.210 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.210. Reliance on Certain Requested Information

Sec. 751.210.  RELIANCE ON CERTAIN REQUESTED INFORMATION.  A person may rely on, without further investigation or liability to another person, an agent's certification, opinion of counsel, or English translation that is provided to the person under this subchapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.211 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.211. Actual Knowledge of Person When Transactions Conducted Through Employees

Sec. 751.211.  ACTUAL KNOWLEDGE OF PERSON WHEN TRANSACTIONS CONDUCTED THROUGH EMPLOYEES.  (a)  This section applies to a person who conducts a transaction or activity through an employee of the person.(b)  For purposes of this chapter, a person is not considered to have actual knowledge of a fact relating to a durable power of attorney, principal, or agent if the employee conducting the transaction or activity involving the power of attorney does not have actual knowledge of the fact.(c)  For purposes of this chapter, a person is considered to have actual knowledge of a fact relating to a durable power of attorney, principal, or agent if the employee conducting the transaction or activity involving the power of attorney has actual knowledge of the fact.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.212 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.212. Cause of Action for Refusal to Accept Durable Power of Attorney

Sec. 751.212.  CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE POWER OF ATTORNEY.  (a)  The principal or an agent acting on the principal's behalf may bring an action against a person who refuses to accept a durable power of attorney in violation of this subchapter.(b)  An action under Subsection (a) may not be commenced against a person until after the date the person is required to accept the durable power of attorney under Section 751.201.(c)  If the court finds that the person refused to accept the durable power of attorney in violation of this subchapter, the court, as the exclusive remedy under this chapter:(1)  shall order the person to accept the power of attorney; and(2)  may award the plaintiff court costs and reasonable and necessary attorney's fees.(d)  The court shall dismiss an action under this section that was commenced after the date a written statement described by Section 751.207(b) was provided to the agent.(e)  Notwithstanding Subsection (c), if the agent receives a written statement described by Section 751.207(b) after the date a timely action is commenced under this section, the court may not order the person to accept the durable power of attorney, but instead may award the plaintiff court costs and reasonable and necessary attorney's fees as the exclusive remedy under this chapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.213 (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 E. Acceptance of and Reliance on Durable Power of Attorney|Section 751.213. Liability of Principal

Sec. 751.213.  LIABILITY OF PRINCIPAL.  (a)  Subsection (b) applies to an action brought under Section 751.212 if:(1)  the court finds that the action was commenced after the date the written statement described by Section 751.207(b) was timely provided to the agent;(2)  the court expressly finds that the refusal of the person against whom the action was brought to accept the durable power of attorney was permitted under this chapter; or(3)  Section 751.212(e) does not apply and the court does not issue an order ordering the person to accept the power of attorney.(b)  Under any of the circumstances described by Subsection (a), the principal may be liable to the person who refused to accept the durable power of attorney for court costs and reasonable and necessary attorney's fees incurred in defending the action as the exclusive remedy under this chapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 751.251 (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 F. Civil Remedies|Section 751.251. Judicial Relief

Sec. 751.251.  JUDICIAL RELIEF.  (a)  The following may bring an action requesting a court to construe, or determine the validity or enforceability of, a durable power of attorney, or to review an agent's conduct under a durable power of attorney and grant appropriate relief:(1)  the principal or the agent;(2)  a guardian, conservator, or other fiduciary acting for the principal;(3)  a person named as a beneficiary to receive property, a benefit, or a contractual right on the principal's death;(4)  a governmental agency with regulatory authority to protect the principal's welfare; and(5)  a person who demonstrates to the court sufficient interest in the principal's welfare or estate.(b)  A person who is asked to accept a durable power of attorney may bring an action requesting a court to construe, or determine the validity or enforceability of, the power of attorney.(c)  On the principal's motion, the court shall dismiss an action under Subsection (a) unless the court finds that the principal lacks capacity to revoke the agent's authority or the durable power of attorney.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.|
TX Est Code § 752.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 752 - Statutory Durable Power of Attorney|Subchapter A. General Provisions Regarding Statutory Durable Power of Attorney|Section 752.001. Use, Meaning, and Effect of Statutory Durable Power of Attorney

Sec. 752.001.  USE, MEANING, AND EFFECT OF STATUTORY DURABLE POWER OF ATTORNEY.  (a)  A person may use a statutory durable power of attorney to grant an attorney in fact or agent powers with respect to a person's property and financial matters.(b)  A power of attorney in substantially the form prescribed by Section 752.051 has the meaning and effect prescribed by this subtitle.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.|
TX Est Code § 752.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 752 - Statutory Durable Power of Attorney|Subchapter A. General Provisions Regarding Statutory Durable Power of Attorney|Section 752.002. Validity Not Affected

Sec. 752.002.  VALIDITY NOT AFFECTED.  A power of attorney is valid with respect to meeting the requirements for a statutory durable power of attorney regardless of the fact that:(1)  one or more of the categories of optional powers listed in the form prescribed by Section 752.051 are not initialed; or(2)  the form includes specific limitations on, or additions to, 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 2013, 83rd Leg., R.S., Ch. 700 (H.B. 2918), Sec. 2, eff. January 1, 2014.|
TX Est Code § 752.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 752 - Statutory Durable Power of Attorney|Subchapter A. General Provisions Regarding Statutory Durable Power of Attorney|Section 752.003. Prescribed Form Not Exclusive

Sec. 752.003.  PRESCRIBED FORM NOT EXCLUSIVE.  The form prescribed by Section 752.051 is not exclusive, and other forms of power of attorney may be used.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.|
TX Est Code § 752.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 752 - Statutory Durable Power of Attorney|Subchapter A. General Provisions Regarding Statutory Durable Power of Attorney|Section 752.004. Legal Sufficiency of Statutory Durable Power of Attorney

Sec. 752.004.  LEGAL SUFFICIENCY OF STATUTORY DURABLE POWER OF ATTORNEY.  A statutory durable power of attorney is legally sufficient under this subtitle if:(1)  the wording of the form complies substantially with the wording of the form prescribed by Section 752.051;(2)  the form is properly completed; and(3)  the signature of the principal is acknowledged.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.|
TX Est Code § 752.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 752 - Statutory Durable Power of Attorney|Subchapter B. Form of Statutory Durable Power of Attorney|Section 752.052. Modifying Statutory Form to Grant Specific Authority

Sec. 752.052.  MODIFYING STATUTORY FORM TO GRANT SPECIFIC AUTHORITY.  The statutory durable power of attorney may be modified to allow the principal to grant the agent the specific authority described by Section 751.031(b) by including the following language:"GRANT OF SPECIFIC AUTHORITY (OPTIONAL)My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.  INITIAL ONLY the specific authority you WANT to give your agent.  If you DO NOT want to grant your agent one or more of the following powers, you may also CROSS OUT a power you DO NOT want to grant.)____  Create, amend, revoke, or terminate an inter vivos trust____  Make a gift, subject to the limitations of Section 751.032 of the Durable Power of Attorney Act (Section 751.032, Estates Code) and any special instructions in this power of attorney____  Create or change rights of survivorship____  Create or change a beneficiary designation____  Authorize another person to exercise the authority granted under this power of attorney".|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 10, eff. September 1, 2017.|
TX Est Code § 752.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 752 - Statutory Durable Power of Attorney|Subchapter C. Construction of Powers Related to Statutory Durable Power of Attorney|Section 752.101. Construction in General

Sec. 752.101.  CONSTRUCTION IN GENERAL.  By executing a statutory durable power of attorney that confers authority with respect to any class of transactions, the principal empowers the attorney in fact or agent for that class of transactions to:(1)  demand, receive, and obtain by litigation, action, or otherwise any money or other thing of value to which the principal is, may become, or may claim to be entitled;(2)  conserve, invest, disburse, or use any money or other thing of value received on behalf of the principal for the purposes intended;(3)  contract in any manner with any person, on terms agreeable to the attorney in fact or agent, to accomplish a purpose of a transaction and perform, rescind, reform, release, or modify that contract or another contract made by or on behalf of the principal;(4)  execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, release, or other instrument the attorney in fact or agent considers desirable to accomplish a purpose of a transaction;(5)  with respect to a claim existing in favor of or against the principal:(A)  prosecute, defend, submit to arbitration, settle, and propose or accept a compromise; or(B)  intervene in an action or litigation relating to the claim;(6)  seek on the principal's behalf the assistance of a court to carry out an act authorized by the power of attorney;(7)  engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant;(8)  keep appropriate records of each transaction, including an accounting of receipts and disbursements;(9)  prepare, execute, and file a record, report, or other document the attorney in fact or agent considers necessary or desirable to safeguard or promote the principal's interest under a statute or governmental regulation;(10)  reimburse the attorney in fact or agent for an expenditure made in exercising the powers granted by the durable power of attorney; and(11)  in general, perform any other lawful act that the principal may perform with respect to the transaction.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.|