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.
Structure Texas Statutes
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
Section 752.102. Real Property Transactions
Section 752.103. Tangible Personal Property Transactions
Section 752.104. Stock and Bond Transactions
Section 752.105. Commodity and Option Transactions
Section 752.106. Banking and Other Financial Institution Transactions
Section 752.107. Business Operation Transactions
Section 752.108. Insurance and Annuity Transactions
Section 752.109. Estate, Trust, and Other Beneficiary Transactions
Section 752.110. Claims and Litigation
Section 752.111. Personal and Family Maintenance
Section 752.112. Benefits From Certain Governmental Programs or Civil or Military Service
Section 752.113. Retirement Plan Transactions