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Chapter 751 - General Provisions Regarding Durable Powers of Attorney
Subchapter A. General Provisions
Section 751.001. Short Title - Sec. 751.001. SHORT TITLE. This subtitle may be cited as...
Section 751.0015. Applicability of Subtitle - Sec. 751.0015. APPLICABILITY OF SUBTITLE. This subtitle applies to all...
Section 751.002. Definitions - Sec. 751.002. DEFINITIONS. In this subtitle: (1) "Actual knowledge" means...
Section 751.00201. Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney - Sec. 751.00201. MEANING OF DISABLED OR INCAPACITATED FOR PURPOSES OF...
Section 751.0021. Requirements of Durable Power of Attorney - Sec. 751.0021. REQUIREMENTS OF DURABLE POWER OF ATTORNEY. (a) An...
Section 751.0022. Presumption of Genuine Signature - Sec. 751.0022. PRESUMPTION OF GENUINE SIGNATURE. A signature on a...
Section 751.0023. Validity of Power of Attorney - Sec. 751.0023. VALIDITY OF POWER OF ATTORNEY. (a) A durable...
Section 751.0024. Meaning and Effect of Durable Power of Attorney - Sec. 751.0024. MEANING AND EFFECT OF DURABLE POWER OF ATTORNEY....
Section 751.003. Uniformity of Application and Construction - Sec. 751.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This subtitle shall...
Section 751.005. Extension of Principal's Authority to Other Persons - Sec. 751.005. EXTENSION OF PRINCIPAL'S AUTHORITY TO OTHER PERSONS. If,...
Section 751.006. Remedies Under Other Law - Sec. 751.006. REMEDIES UNDER OTHER LAW. The remedies under this...
Section 751.007. Conflict With or Effect on Other Law - Sec. 751.007. CONFLICT WITH OR EFFECT ON OTHER LAW. This...
Subchapter A. -1. Appointment of Agents
Section 751.021. Co-Agents - Sec. 751.021. CO-AGENTS. A principal may designate in a durable...
Section 751.022. Acceptance of Appointment as Agent - Sec. 751.022. ACCEPTANCE OF APPOINTMENT AS AGENT. Except as otherwise...
Section 751.023. Successor Agents - Sec. 751.023. SUCCESSOR AGENTS. (a) A principal may designate in...
Section 751.024. Reimbursement and Compensation of Agent - Sec. 751.024. REIMBURSEMENT AND COMPENSATION OF AGENT. Unless the durable...
Subchapter A. -2. Authority of Agent Under Durable Power of Attorney
Section 751.031. Grants of Authority in General and Certain Limitations - Sec. 751.031. GRANTS OF AUTHORITY IN GENERAL AND CERTAIN LIMITATIONS....
Section 751.032. Gift Authority - Sec. 751.032. GIFT AUTHORITY. (a) In this section, a gift...
Section 751.033. Authority to Create or Change Certain Beneficiary Designations - Sec. 751.033. AUTHORITY TO CREATE OR CHANGE CERTAIN BENEFICIARY DESIGNATIONS....
Section 751.034. Incorporation of Authority - Sec. 751.034. INCORPORATION OF AUTHORITY. (a) An agent has authority...
Subchapter B. Effect of Certain Acts on Exercise of Durable Power of Attorney
Section 751.051. Effect of Acts Performed by Agent - Sec. 751.051. EFFECT OF ACTS PERFORMED BY AGENT. An act...
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.,...
Section 751.054. Knowledge of Termination of Power; Good-Faith Acts - Sec. 751.054. KNOWLEDGE OF TERMINATION OF POWER; GOOD-FAITH ACTS. Without...
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...
Section 751.057. Effect of Bankruptcy Proceeding - Sec. 751.057. EFFECT OF BANKRUPTCY PROCEEDING. (a) The filing of...
Subchapter C. Duty to Inform and Account
Section 751.101. Fiduciary Duties - Sec. 751.101. FIDUCIARY DUTIES. A person who accepts appointment as...
Section 751.102. Duty to Timely Inform Principal - Sec. 751.102. DUTY TO TIMELY INFORM PRINCIPAL. (a) The agent...
Section 751.103. Maintenance of Records - Sec. 751.103. MAINTENANCE OF RECORDS. (a) The agent shall maintain...
Section 751.104. Accounting - Sec. 751.104. ACCOUNTING. (a) The principal may demand an accounting...
Section 751.105. Effect of Failure to Comply; Suit - Sec. 751.105. EFFECT OF FAILURE TO COMPLY; SUIT. If the...
Section 751.106. Effect of Subchapter on Principal's Rights - Sec. 751.106. EFFECT OF SUBCHAPTER ON PRINCIPAL'S RIGHTS. This subchapter...
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...
Section 751.122. Duty to Preserve Principal's Estate Plan - Sec. 751.122. DUTY TO PRESERVE PRINCIPAL'S ESTATE PLAN. An agent...
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...
Section 751.132. Termination of Agent's Authority - Sec. 751.132. TERMINATION OF AGENT'S AUTHORITY. (a) An 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...
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...
Section 751.135. Previous Durable Power of Attorney Continues in Effect Until Revoked - Sec. 751.135. PREVIOUS DURABLE POWER OF ATTORNEY CONTINUES IN EFFECT...
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...
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....
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...
Section 751.203. Agent's Certification - Sec. 751.203. AGENT'S CERTIFICATION. (a) Before accepting a durable power...
Section 751.204. Opinion of Counsel - Sec. 751.204. OPINION OF COUNSEL. (a) Before accepting a durable...
Section 751.205. English Translation - Sec. 751.205. ENGLISH TRANSLATION. (a) Before accepting a durable power...
Section 751.206. Grounds for Refusing Acceptance - Sec. 751.206. GROUNDS FOR REFUSING ACCEPTANCE. A person is not...
Section 751.207. Written Statement of Refusal of Acceptance Required - Sec. 751.207. WRITTEN STATEMENT OF REFUSAL OF ACCEPTANCE REQUIRED. (a)...
Section 751.208. Date of Acceptance - Sec. 751.208. DATE OF ACCEPTANCE. A 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....
Section 751.210. Reliance on Certain Requested Information - Sec. 751.210. RELIANCE ON CERTAIN REQUESTED INFORMATION. A person may...
Section 751.211. Actual Knowledge of Person When Transactions Conducted Through Employees - Sec. 751.211. ACTUAL KNOWLEDGE OF PERSON WHEN TRANSACTIONS CONDUCTED THROUGH...
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...
Section 751.213. Liability of Principal - Sec. 751.213. LIABILITY OF PRINCIPAL. (a) Subsection (b) applies to...
Subchapter F. Civil Remedies
Section 751.251. Judicial Relief - Sec. 751.251. JUDICIAL RELIEF. (a) The following may bring an...
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...
Section 752.002. Validity Not Affected - Sec. 752.002. VALIDITY NOT AFFECTED. A power of attorney is...
Section 752.003. Prescribed Form Not Exclusive - Sec. 752.003. PRESCRIBED FORM NOT EXCLUSIVE. The form prescribed by...
Section 752.004. Legal Sufficiency of Statutory Durable Power of Attorney - Sec. 752.004. LEGAL SUFFICIENCY OF STATUTORY DURABLE POWER OF ATTORNEY....
Subchapter B. Form of Statutory Durable Power of Attorney
Section 752.051. Form - Sec. 752.051. FORM. The following form is known as a...
Section 752.052. Modifying Statutory Form to Grant Specific Authority - Sec. 752.052. MODIFYING STATUTORY FORM TO GRANT SPECIFIC AUTHORITY. The...
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...
Section 752.102. Real Property Transactions - Sec. 752.102. REAL PROPERTY TRANSACTIONS. (a) The language conferring authority...
Section 752.103. Tangible Personal Property Transactions - Sec. 752.103. TANGIBLE PERSONAL PROPERTY TRANSACTIONS. The language conferring general...
Section 752.104. Stock and Bond Transactions - Sec. 752.104. STOCK AND BOND TRANSACTIONS. The language conferring authority...
Section 752.105. Commodity and Option Transactions - Sec. 752.105. COMMODITY AND OPTION TRANSACTIONS. The language conferring authority...
Section 752.106. Banking and Other Financial Institution Transactions - Sec. 752.106. BANKING AND OTHER FINANCIAL INSTITUTION TRANSACTIONS. The language...
Section 752.107. Business Operation Transactions - Sec. 752.107. BUSINESS OPERATION TRANSACTIONS. The language conferring authority with...
Section 752.108. Insurance and Annuity Transactions - Sec. 752.108. INSURANCE AND ANNUITY TRANSACTIONS. (a) The language conferring...
Section 752.109. Estate, Trust, and Other Beneficiary Transactions - Sec. 752.109. ESTATE, TRUST, AND OTHER BENEFICIARY TRANSACTIONS. The language...
Section 752.110. Claims and Litigation - Sec. 752.110. CLAIMS AND LITIGATION. The language conferring general authority...
Section 752.111. Personal and Family Maintenance - Sec. 752.111. PERSONAL AND FAMILY MAINTENANCE. The language conferring authority...
Section 752.112. Benefits From Certain Governmental Programs or Civil or Military Service - Sec. 752.112. BENEFITS FROM CERTAIN GOVERNMENTAL PROGRAMS OR CIVIL OR...
Section 752.113. Retirement Plan Transactions - Sec. 752.113. RETIREMENT PLAN TRANSACTIONS. (a) In this section, "retirement...
Section 752.114. Tax Matters - Sec. 752.114. TAX MATTERS. The language conferring authority with respect...
Section 752.1145. Digital Asset Transactions - Sec. 752.1145. DIGITAL ASSET TRANSACTIONS. (a) In this section, "digital...
Section 752.115. Existing Interests; Foreign Interests - Sec. 752.115. EXISTING INTERESTS; FOREIGN INTERESTS. The powers described by...
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...
Section 753.002. Notice to Third Parties - Sec. 753.002. NOTICE TO THIRD PARTIES. Not later than the...