Texas Estates Code

§ 751.031 — GRANTS OF AUTHORITY IN GENERAL AND CERTAIN LIMITATIONS

ES § 751.031Title 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-2. AUTHORITY OF AGENT UNDER DURABLE POWER OF ATTORNEY

Statute text

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(a)Subject to Subsections (b), (c), and (d) and Section 751.032, if a durable power of attorney grants to an agent the authority to perform all acts that the principal could perform, the agent has the general authority conferred by Subchapter C, Chapter 752.

(b)An agent may take the following actions on the principal's behalf or with respect to the principal's property only if the durable power of attorney designating the agent expressly grants the agent the authority and the exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

(1)create, amend, revoke, or terminate an inter vivos trust;

(2)make a gift;

(3)create or change rights of survivorship;

(4)create or change a beneficiary designation; or

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Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.