Texas Estates Code Title 2, Chapter 751 - General Provisions Regarding Durable Powers Of Attorney
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 751.001 - Short Title
This subtitle may be cited as the Durable Power of Attorney Act. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01,...
- Texas Section 751.002 - Definition Of Durable Power Of Attorney
A "durable power of attorney" means a written instrument that: (1) designates another person as attorney in fact or agent; (2) is signed by an...
- Texas Section 751.003 - Uniformity Of Application And Construction
This subtitle shall be applied and construed to effect the general purpose of this subtitle, which is to make uniform the law with respect to...
- Texas Section 751.004 - Duration Of Durable Power Of Attorney
A durable power of attorney does not lapse because of the passage of time unless the instrument creating the power of attorney specifically states a...
- Texas Section 751.005 - Extension Of Principal's Authority To Other Persons
If, in this subtitle, a principal is given an authority to act, that authority includes: (1) any person designated by the principal; (2) a guardian...
SUBCHAPTER B EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER OF ATTORNEY
- Texas Section 751.006 - Rights Cumulative
The rights set out under this subtitle are cumulative of any other rights or remedies the principal may have at common law or other applicable...
- Texas Section 751.051 - Effect Of Acts Performed By Attorney In Fact Or Agent During Principal's Disability Or Incapacity
Each act performed by an attorney in fact or agent under a durable power of attorney during a period of the principal's disability or incapacity...
- Texas Section 751.052 - Relation Of Attorney In Fact Or Agent To Court-appointed Guardian Of Estate
(a) If, after execution of a durable power of attorney, a court of the principal's domicile appoints a permanent guardian of the estate of the...
- Texas Section 751.053 - Effect Of Principal's Divorce Or Marriage Annulment If Former Spouse Is Attorney In Fact Or Agent
Unless otherwise expressly provided by the durable power of attorney, if, after execution of a durable power of attorney, the principal is divorced from a...
- Texas Section 751.054 - Knowledge Of Termination Of Power; Good-faith Acts
(a) The revocation by, the death of, or the qualification of a guardian of the estate of a principal who has executed a durable power...
- Texas Section 751.055 - Affidavit Regarding Lack Of Knowledge Of Termination Of Power Or Of Disability Or Incapacity; Good-faith Reliance
(a) As to an act undertaken in good-faith reliance on a durable power of attorney, an affidavit executed by the attorney in fact or agent...
- Texas Section 751.056 - Nonliability Of Third Party On Good-faith Reliance
If a durable power of attorney is used, a third party who relies in good faith on the acts of an attorney in fact or...
- Texas Section 751.057 - Effect Of Bankruptcy Proceeding
(a) The filing of a voluntary or involuntary petition in bankruptcy in connection with the debts of a principal who has executed a durable power...
SUBCHAPTER C DUTY TO INFORM AND ACCOUNT
- Texas Section 751.058 - Effect Of Revocation Of Durable Power Of Attorney On Third Party
Unless otherwise provided by the durable power of attorney, a revocation of a durable power of attorney is not effective as to a third party...
- Texas Section 751.101 - Fiduciary Duties
An attorney in fact or agent is a fiduciary and has a duty to inform and to account for actions taken under the power of...
- Texas Section 751.102 - Duty To Timely Inform Principal
(a) The attorney in fact or agent shall timely inform the principal of each action taken under the power of attorney. (b) Failure of an...
- Texas Section 751.103 - Maintenance Of Records
(a) The attorney in fact or agent shall maintain records of each action taken or decision made by the attorney in fact or agent. (b)...
- Texas Section 751.104 - Accounting
(a) The principal may demand an accounting by the attorney in fact or agent. (b) Unless otherwise directed by the principal, an accounting under Subsection...
- Texas Section 751.105 - Effect Of Failure To Comply; Suit
If the attorney in fact or agent fails or refuses to inform the principal, provide documentation, or deliver an accounting under Section 751.104 within 60...
SUBCHAPTER D RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL PROPERTY TRANSACTIONS
- Texas Section 751.106 - Effect Of Subchapter On Principal's Rights
This subchapter does not limit the right of the principal to terminate the power of attorney or to make additional requirements of or to give...
- Texas Section 751.151 - Recording For Real Property Transactions Requiring Execution And Delivery Of Instruments
A durable power of attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a...
Last modified: September 28, 2016