Texas Estates Code

§ 751.0021 — REQUIREMENTS OF DURABLE POWER OF ATTORNEY

ES § 751.0021Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part P. DURABLE POWERS OF ATTORNEY · Ch. 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF ATTORNEY · Art. A. GENERAL PROVISIONS

Statute text

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(a)An instrument is a durable power of attorney for purposes of this subtitle if the instrument:

(1)is a writing or other record that designates another person as agent and grants authority to that agent to act in the place of the principal, regardless of whether the term "power of attorney" is used;

(2)is signed by an adult principal or in the adult principal's conscious presence by another adult directed by the principal to sign the principal's name on the instrument;

(3)contains:

(A)the words:

(i)"This power of attorney is not affected by subsequent disability or incapacity of the principal"; or

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Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.