reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 authority to provide protective services to the principal; 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.
(d)  In an action brought under this section, the court may award costs and reasonable and necessary attorney's fees in an amount the court considers equitable and just.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 4, eff. September 1, 2023.
2023 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)  An individual may use a statutory durable power of attorney to grant an agent powers with respect to an individual'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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 5, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 752.103. Tangible Personal Property Transactions

Sec. 752.103.  TANGIBLE PERSONAL PROPERTY TRANSACTIONS. The language conferring general authority with respect to tangible personal property transactions in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  accept tangible personal property or an interest in tangible personal property as a gift or as security for a loan or reject, demand, buy, receive, or otherwise acquire ownership or possession of tangible personal property or an interest in tangible personal property;
(2)  sell, exchange, convey with or without covenants, release, surrender, mortgage, encumber, pledge, create a security interest in, pawn, grant options concerning, lease or sublet to others, or otherwise dispose of tangible personal property or an interest in tangible personal property;
(3)  release, assign, satisfy, or enforce by litigation, action, or otherwise a mortgage, security interest, encumbrance, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; and
(4)  perform an act of management or conservation with respect to tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A)  insuring the property or interest against casualty, liability, or loss;
(B)  obtaining or regaining possession or protecting the property or interest by litigation, action, or otherwise;
(C)  paying, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
(D)  moving the property;
(E)  storing the property for hire or on a gratuitous bailment;  and
(F)  using, altering, and making repairs or alterations to the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 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 752.104. Stock and Bond Transactions

Sec. 752.104.  STOCK AND BOND TRANSACTIONS.  The language conferring authority with respect to stock and bond transactions in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  buy, sell, and exchange:
(A)  stocks;
(B)  bonds;
(C)  mutual funds; and
(D)  all other types of securities and financial instruments other than commodity futures contracts and call and put options on stocks and stock indexes;
(2)  receive certificates and other evidences of ownership with respect to securities;
(3)  exercise voting rights with respect to securities in person or by proxy;
(4)  enter into voting trusts; and
(5)  consent to limitations on the right to vote.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 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 752.105. Commodity and Option Transactions

Sec. 752.105.  COMMODITY AND OPTION TRANSACTIONS.  The language conferring authority with respect to commodity and option transactions in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call and put options on stocks and stock indexes traded on a regulated options exchange; and
(2)  establish, continue, modify, or terminate option accounts with a broker.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 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 752.106. Banking and Other Financial Institution Transactions

Sec. 752.106.  BANKING AND OTHER FINANCIAL INSTITUTION TRANSACTIONS.  The language conferring authority with respect to banking and other financial institution transactions in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  continue, modify, or terminate an account or other banking arrangement made by or on behalf of the principal;
(2)  establish, modify, or terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the attorney in fact or agent;
(3)  rent a safe deposit box or space in a vault;
(4)  contract to procure other services available from a financial institution as the attorney in fact or agent considers desirable;
(5)  withdraw by check, order, or otherwise money or property of the principal deposited with or left in the custody of a financial institution;
(6)  receive bank statements, vouchers, notices, or similar documents from a financial institution and act with respect to those documents;
(7)  enter a safe deposit box or vault and withdraw from or add to its contents;
(8)  borrow money at an interest rate agreeable to the attorney in fact or agent and pledge as security the principal's property as necessary to borrow, pay, renew, or extend the time of payment of a debt of the principal;
(9)  make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, bills of exchange, checks, drafts, or other negotiable or nonnegotiable paper of the principal, or payable to the principal or the principal's order to receive the cash or other proceeds of those transactions, to accept a draft drawn by a person on the principal, and to pay the principal when due;
(10)  receive for the principal and act on a sight draft, warehouse receipt, or other negotiable or nonnegotiable instrument;
(11)  apply for and receive letters of credit, credit cards, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(12)  consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 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 752.108. Insurance and Annuity Transactions

Sec. 752.108.  INSURANCE AND ANNUITY TRANSACTIONS.  (a) The language conferring authority with respect to insurance and annuity transactions in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2)  procure new, different, or additional insurance contracts and annuities for the principal or the principal's spouse, children, and other dependents and select the amount, type of insurance or annuity, and method of payment;
(3)  pay the premium or assessment on, or modify, rescind, release, or terminate, an insurance contract or annuity procured by the attorney in fact or agent;
(4)  designate the beneficiary of the insurance contract, except as provided by Subsection (b);
(5)  apply for and receive a loan on the security of the insurance contract or annuity;
(6)  surrender and receive the cash surrender value;
(7)  exercise an election;
(8)  change the manner of paying premiums;
(9)  change or convert the type of insurance contract or annuity with respect to which the principal has or claims to have a power described by this section;
(10)  change the beneficiary of an insurance contract or annuity, except that the attorney in fact or agent may be designated a beneficiary only to the extent authorized by Subsection (b);
(11)  apply for and procure government aid to guarantee or pay premiums of an insurance contract on the life of the principal;
(12)  collect, sell, assign, borrow on, or pledge the principal's interest in an insurance contract or annuity; and
(13)  pay from proceeds or otherwise, compromise or contest, or apply for refunds in connection with a tax or assessment imposed by a taxing authority with respect to an insurance contract or annuity or the proceeds of the contract or annuity or liability accruing because of the tax or assessment.
(b)  Unless the principal has granted the authority to create or change a beneficiary designation expressly as required by Section 751.031(b)(4), an agent may be named a beneficiary of an insurance contract or an extension, renewal, or substitute for the contract only to the extent the agent was named as a beneficiary by the principal.
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. 12, eff. September 1, 2017.
2023 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 752.109. Estate, Trust, and Other Beneficiary Transactions

Sec. 752.109.  ESTATE, TRUST, AND OTHER BENEFICIARY TRANSACTIONS.  The language conferring authority with respect to estate, trust, and other beneficiary transactions in a statutory durable power of attorney empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, life estate, escrow, custodianship, or other fund from which the principal is, may become, or claims to be entitled, as a beneficiary, to a share or payment, including to:
(1)  accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge, exchange, or consent to a reduction in or modification of a share in or payment from the fund;
(2)  demand or obtain by litigation, action, or otherwise money or any other thing of value to which the principal is, may become, or claims to be entitled because of the fund;
(3)  initiate, participate in, or oppose a legal or judicial proceeding to:
(A)  ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal; or
(B)  remove, substitute, or surcharge a fiduciary;
(4)  conserve, invest, disburse, or use anything received for an authorized purpose; and
(5)  transfer all or part of the principal's interest in real property, stocks, bonds, accounts with financial institutions, insurance, and other property to the trustee of a revocable trust created by the principal as settlor.
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. 13, eff. September 1, 2017.
2023 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 752.110. Claims and Litigation

Sec. 752.110.  CLAIMS AND LITIGATION.  The language conferring general authority with respect to claims and litigation in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  assert and prosecute before a court or administrative agency a claim, a claim for relief, a counterclaim, or an offset, or defend against an individual, a legal entity, or a government, including an action to:
(A)  recover property or other thing of value;
(B)  recover damages sustained by the principal;
(C)  eliminate or modify tax liability; or
(D)  seek an injunction, specific performance, or other relief;
(2)  bring an action to determine an adverse claim, intervene in an action or litigation, and act as an amicus curiae;
(3)  in connection with an action or litigation:
(A)  procure an attachment, garnishment, libel, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree; and
(B)  perform any lawful act the principal could perform, including:
(i)  acceptance of tender;
(ii)  offer of judgment;
(iii)  admission of facts;
(iv)  submission of a controversy on an agreed statement of facts;
(v)  consent to examination before trial; and
(vi)  binding of the principal in litigation;
(4)  submit to arbitration, settle, and propose or accept a compromise with respect to a claim or litigation;
(5)  waive the issuance and service of process on the principal, accept service of process, appear for the principal, designate persons on whom process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, or receive and execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(6)  act for the principal regarding voluntary or involuntary bankruptcy or insolvency proceedings concerning:
(A)  the principal; or
(B)  another person, with respect to a reorganization proceeding or a receivership or application for the appointment of a receiver or trustee that affects the principal's interest in property or other thing of value; and
(7)  pay a judgment against the principal or a settlement made in connection with a claim or litigation and receive and conserve money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 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 752.111. Personal and Family Maintenance

Sec. 752.111.  PERSONAL AND FAMILY MAINTENANCE.  The language conferring authority with respect to personal and family maintenance in a statutory durable power of attorney empowers the agent to:
(1)  perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse and children, and other individuals customarily or legally entitled to be supported by the principal, including:
(A)  providing living quarters by purchase, lease, or other contract; or
(B)  paying the operating costs, including interest, amortization payments, repairs, and taxes on premises owned by the principal and occupied by those individuals;
(2)  provide for the individuals described by Subdivision (1):
(A)  normal domestic help;
(B)  usual vacations and travel expenses; and
(C)  money for shelter, clothing, food, appropriate education, and other living costs;
(3)  pay necessary medical, dental, and surgical care, hospitalization, and custodial care for the individuals described by Subdivision (1);
(4)  continue any provision made by the principal for the individuals described by Subdivision (1) for automobiles or other means of transportation, including registering, licensing, insuring, and replacing the automobiles or other means of transportation;
(5)  maintain or open charge accounts for the convenience of the individuals described by Subdivision (1) and open new accounts the agent considers desirable to accomplish a lawful purpose;
(6)  continue:
(A)  payments incidental to the membership or affiliation of the principal in a church, club, society, order, or other organization; or
(B)  contributions to those organizations;
(7)  perform all acts necessary in relation to the principal's mail, including:
(A)  receiving, signing for, opening, reading, and responding to any mail addressed to the principal, whether through the United States Postal Service or a private mail service;
(B)  forwarding the principal's mail to any address; and
(C)  representing the principal before the United States Postal Service in all matters relating to mail service; and
(8)  subject to the needs of the individuals described by Subdivision (1), provide for the reasonable care of the principal's pets.
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. 13, eff. September 1, 2017.
2023 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 752.112. Benefits From Certain Governmental Programs or Civil or Military Service

Sec. 752.112.  BENEFITS FROM CERTAIN GOVERNMENTAL PROGRAMS OR CIVIL OR MILITARY SERVICE.  The language conferring authority with respect to benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  execute a voucher in the principal's name for an allowance or reimbursement payable by the United States, a foreign government, or a state or subdivision of a state to the principal, including an allowance or reimbursement for:
(A)  transportation of the individuals described by Section 752.111(1); and
(B)  shipment of the household effects of those individuals;
(2)  take possession and order the removal and shipment of the principal's property from a post, warehouse, depot, dock, or other governmental or private place of storage or safekeeping and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(3)  prepare, file, and prosecute a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal claims to be entitled under a statute or governmental regulation;
(4)  prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to any benefits the principal may be entitled to receive; and
(5)  receive the financial proceeds of a claim of the type described by this section and conserve, invest, disburse, or use anything received for a lawful purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 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 752.114. Tax Matters

Sec. 752.114.  TAX MATTERS.  The language conferring authority with respect to tax matters in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1)  prepare, sign, and file:
(A)  federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act (26 U.S.C. Chapter 21), and other tax returns;
(B)  claims for refunds;
(C)  requests for extensions of time;
(D)  petitions regarding tax matters; and
(E)  any other tax-related documents, including:
(i)  receipts;
(ii)  offers;
(iii)  waivers;
(iv)  consents, including consents and agreements under Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section 2032A);
(v)  closing agreements; and
(vi)  any power of attorney form required by the Internal Revenue Service or other taxing authority with respect to a tax year on which the statute of limitations has not run and 25 tax years following that tax year;
(2)  pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3)  exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4)  act for the principal in all tax matters, for all periods, before the Internal Revenue Service and any other taxing authority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 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 752.1145. Digital Asset Transactions

Sec. 752.1145.  DIGITAL ASSET TRANSACTIONS.  (a)  In this section, "digital asset" has the meaning assigned by Section 2001.002.
(b)  The language conferring authority with respect to digital assets in a statutory durable power of attorney empowers the attorney in fact or agent, without further reference to a specific digital asset, to access digital assets as provided in Chapter 2001.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 3, eff. September 1, 2017.
2023 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 752.115. Existing Interests; Foreign Interests

Sec. 752.115.  EXISTING INTERESTS; FOREIGN INTERESTS.  The powers described by Sections 752.102-752.1145 may be exercised equally with respect to an interest the principal has at the time the durable power of attorney is executed or acquires later, whether or not:
(1)  the property is located in this state; or
(2)  the powers are exercised or the durable power of attorney is executed in this state.
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. 400 (S.B. 1193), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle P - Durable Powers of Attorney › Chapter 753 - Removal of Attorney in Fact or Agent › Section 753.001. Procedure for Removal

Sec. 753.001.  PROCEDURE FOR REMOVAL.  (a)  In this section, "person interested," notwithstanding Section 22.018, has the meaning assigned by Section 1002.018.
(b)  The following persons may file a petition under this section:
(1)  any person named as a successor attorney in fact or agent in a durable power of attorney; or
(2)  if the person with respect to whom a guardianship proceeding has been commenced is a principal who has executed a durable power of attorney, any person interested in the guardianship proceeding, including an attorney ad litem or guardian ad litem.
(c)  On the petition of a person described by Subsection (b), a probate court, after a hearing, may enter an order:
(1)  removing a person named and serving as an attorney in fact or agent under a durable power of attorney;
(2)  authorizing the appointment of a successor attorney in fact or agent who is named in the durable power of attorney if the court finds that the successor attorney in fact or agent is willing to accept the authority granted under the power of attorney; and
(3)  if compensation is allowed by the terms of the durable power of attorney, denying all or part of the removed attorney in fact's or agent's compensation.
(d)  A court may enter an order under Subsection (c) if the court finds:
(1)  that the attorney in fact or agent has breached the attorney in fact's or agent's fiduciary duties to the principal;
(2)  that the attorney in fact or agent has materially violated or attempted to violate the terms of the durable power of attorney and the violation or attempted violation results in a material financial loss to the principal;
(3)  that the attorney in fact or agent is incapacitated or is otherwise incapable of properly performing the attorney in fact's or agent's duties; or
(4)  that the attorney in fact or agent has failed to make an accounting:
(A)  that is required by Section 751.104 within the period prescribed by Section 751.105, by other law, or by the terms of the durable power of attorney; or
(B)  as ordered by the court.
Added by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle P - Durable Powers of Attorney › Chapter 753 - Removal of Attorney in Fact or Agent › Section 753.002. Notice to Third Parties

Sec. 753.002.  NOTICE TO THIRD PARTIES.  Not later than the 21st day after the date the court enters an order removing an attorney in fact or agent and authorizing the appointment of a successor under Section 753.001, the successor attorney in fact or agent shall provide actual notice of the order to each third party that the attorney in fact or agent has reason to believe relied on or may rely on the durable power of attorney.
Added by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1001 - Purpose and Construction › Section 1001.001. Policy; Purpose of Guardianship

Sec. 1001.001.  POLICY; PURPOSE OF GUARDIANSHIP.  (a)  A court may appoint a guardian with either full or limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the incapacitated person.
(b)  In creating a guardianship that gives a guardian limited authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person, including by presuming that the incapacitated person retains capacity to make personal decisions regarding the person's residence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1001 - Purpose and Construction › Section 1001.002. Laws Applicable to Guardianships

Sec. 1001.002.  LAWS APPLICABLE TO GUARDIANSHIPS.  To the extent applicable and not inconsistent with other provisions of this code, the laws and rules governing estates of decedents apply to guardianships.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1001 - Purpose and Construction › Section 1001.003. References in Law Meaning Incapacitated Person

Sec. 1001.003.  REFERENCES IN LAW MEANING INCAPACITATED PERSON.  In this code or any other law, a reference to any of the following means an incapacitated person:
(1)  a person who is mentally, physically, or legally incompetent;
(2)  a person who is judicially declared incompetent;
(3)  an incompetent or an incompetent person;
(4)  a person of unsound mind; or
(5)  a habitual drunkard.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.001. Applicability of Definitions

Sec. 1002.001.  APPLICABILITY OF DEFINITIONS.  The definition for a term provided by this chapter applies in this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.0015. Alternatives to Guardianship

Sec. 1002.0015.  ALTERNATIVES TO GUARDIANSHIP.  "Alternatives to guardianship" includes the:
(1)  execution of a medical power of attorney under Chapter 166, Health and Safety Code;
(2)  appointment of an attorney in fact or agent under a durable power of attorney as provided by Subtitle P, Title 2;
(3)  execution of a declaration for mental health treatment under Chapter 137, Civil Practice and Remedies Code;
(4)  appointment of a representative payee to manage public benefits;
(5)  establishment of a joint bank account;
(6)  creation of a management trust under Chapter 1301;
(7)  creation of a special needs trust;
(8)  designation of a guardian before the need arises under Subchapter E, Chapter 1104; and
(9)  establishment of alternate forms of decision-making based on person-centered planning.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.002. Attorney Ad Litem

Sec. 1002.002.  ATTORNEY AD LITEM.  "Attorney ad litem" means an attorney appointed by a court to represent and advocate on behalf of a proposed ward, an incapacitated person, an unborn person, or another person described by Section 1054.007 in a guardianship proceeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.003. Authorized Corporate Surety

Sec. 1002.003.  AUTHORIZED CORPORATE SURETY.  "Authorized corporate surety" means a domestic or foreign corporation authorized to engage in business in this state to issue surety, guaranty, or indemnity bonds that guarantee the fidelity of a guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.004. Child

Sec. 1002.004.  CHILD. "Child" includes a biological child and an adopted child, regardless of whether the child was adopted by a parent under a statutory procedure or by acts of estoppel.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.005. Claim

Sec. 1002.005.  CLAIM.  "Claim" includes:
(1)  a liability against the estate of an incapacitated person; and
(2)  a debt due to the estate of an incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.006. Community Administrator

Sec. 1002.006.  COMMUNITY ADMINISTRATOR. "Community administrator" means a spouse who, on the judicial declaration of incapacity of the other spouse, is authorized to manage, control, and dispose of the entire community estate, including the part of the community estate the incapacitated spouse legally has the power to manage in the absence of the incapacity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.