Texas Estates Code

§ 752.051 — FORM

ES § 752.051Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part P. DURABLE POWERS OF ATTORNEY · Ch. 752. STATUTORY DURABLE POWER OF ATTORNEY · Art. B. FORM OF STATUTORY DURABLE POWER OF ATTORNEY

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The following form is known as a "statutory durable power of attorney": STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. IF YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME EQUITY LOAN DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE SIGNED BY YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until:

(1)you die or revoke the power of attorney;

(2)your agent resigns, is removed by court order, or is unable to act for you; or

(3)a guardian is appointed for your estate. I, __________ (insert your name and address), appoint __________ (insert the name and address of the person appointed) as my agent to act for me in any lawful way with respect to all of the following powers that I have initialed below. (YOU MAY APPOINT CO-AGENTS. UNLESS YOU PROVIDE OTHERWISE, CO-AGENTS MAY ACT INDEPENDENTLY.) TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (O) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS LISTED IN (A) THROUGH (N). TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD. ____ (A) Real property transactions; ____ (B) Tangible personal property transactions; ____ (C) Stock and bond transactions; ____ (D) Commodity and option transactions; ____ (E) Banking and other financial institution transactions; ____ (F) Business operating transactions; ____ (G) Insurance and annuity transactions; ____ (H) Estate, trust, and other beneficiary transactions; ____ (I) Claims and litigation; ____ (J) Personal and family maintenance; ____ (K) Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service; ____ (L) Retirement plan transactions; ____ (M) Tax matters; ____ (N) Digital assets and the content of an electronic communication; ____ (O) ALL OF THE POWERS LISTED IN (A) THROUGH (N). YOU DO NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU INITIAL LINE (O). SPECIAL INSTRUCTIONS: Special instructions applicable to agent compensation (initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to compensation that is reasonable under the circumstances): ____ My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to compensation that is reasonable under the circumstances. ____ My agent is entitled to reimbursement of reasonable expenses incurred on my behalf but shall receive no compensation for serving as my agent. Special instructions applicable to co-agents (if you have appointed co-agents to act, initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to act independently): ____ Each of my co-agents may act independently for me. ____ My co-agents may act for me only if the co-agents act jointly. ____ My co-agents may act for me only if a majority of the co-agents act jointly. Special instructions applicable to gifts (initial in front of the following sentence to have it apply): ____ I grant my agent the power to apply my property to make gifts outright to or for the benefit of a person, including by the exercise of a presently exercisable general power of appointment held by me, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift. ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ UNLESS YOU DIRECT OTHERWISE BELOW, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT TERMINATES. CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN:

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 700 (H.B. 2918), Sec. 1, eff. January 1, 2014. Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 2, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 5, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 9, eff. September 1, 2017.