Sec. 751.0023. VALIDITY OF POWER OF ATTORNEY. (a) A durable power of attorney executed in this state is valid if the execution of the instrument complies with Section 751.0021(a).
(b) A durable power of attorney executed in a jurisdiction other than this state is valid in this state if, when executed, the execution of the durable power of attorney complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the durable power of attorney as provided by Section 751.0024; or
(2) the requirements for a military power of attorney as provided by 10 U.S.C. Section 1044b.
(c) Except as otherwise provided by statute other than this subtitle or by the durable power of attorney, a photocopy or electronically transmitted copy of an original durable power of attorney has the same effect as the original instrument and may be relied on, without liability, by a person who is asked to accept the durable power of attorney to the same extent as the original.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle P - Durable Powers of Attorney
Chapter 751 - General Provisions Regarding Durable Powers of Attorney
Subchapter A. General Provisions
Section 751.0015. Applicability of Subtitle
Section 751.00201. Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney
Section 751.0021. Requirements of Durable Power of Attorney
Section 751.0022. Presumption of Genuine Signature
Section 751.0023. Validity of Power of Attorney
Section 751.0024. Meaning and Effect of Durable Power of Attorney
Section 751.003. Uniformity of Application and Construction
Section 751.005. Extension of Principal's Authority to Other Persons