Texas Estates Code

§ 751.032 — GIFT AUTHORITY

ES § 751.032Title 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)In this section, a gift for the benefit of a person includes a gift to:

(1)a trust;

(2)an account under the Texas Uniform Transfers to Minors Act (Chapter 141, Property Code) or a similar law of another state; and

(3)a qualified tuition program of any state that meets the requirements of Section 529, Internal Revenue Code of 1986.

(b)Unless the durable power of attorney otherwise provides, a grant of authority to make a gift is subject to the limitations prescribed by this section.

(c)Language in a durable power of attorney granting general authority with respect to gifts authorizes the agent to only:

…

Legislative history

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