Tex. Est. Code § 752.101 · Subchapter C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE POWER OF ATTORNEY
CONSTRUCTION IN GENERAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
By executing a statutory durable power of attorney that confers authority with respect to any class of transactions, the principal empowers the attorney in fact or agent for that class of transactions to:
(1) demand, receive, and obtain by litigation, action, or otherwise any money or other thing of value to which the principal is, may become, or may claim to be entitled;
(2) conserve, invest, disburse, or use any money or other thing of value received on behalf of the principal for the purposes intended;
(3) contract in any manner with any person, on terms agreeable to the attorney in fact or agent, to accomplish a purpose of a transaction and perform, rescind, reform, release, or modify that contract or another contract made by or on behalf of the principal;
(4) execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, release, or other instrument the attorney in fact or agent considers desirable to accomplish a purpose of a transaction;
(5) with respect to a claim existing in favor of or against the principal:
(A) prosecute, defend, submit to arbitration, settle, and propose or accept a compromise; or
(B) intervene in an action or litigation relating to the claim;
(6) seek on the principal's behalf the assistance of a court to carry out an act authorized by the power of attorney;
(7) engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant;
(8) keep appropriate records of each transaction, including an accounting of receipts and disbursements;
(9) prepare, execute, and file a record, report, or other document the attorney in fact or agent considers necessary or desirable to safeguard or promote the principal's interest under a statute or governmental regulation;
(10) reimburse the attorney in fact or agent for an expenditure made in exercising the powers granted by the durable power of attorney; and
(11) in general, perform any other lawful act that the principal may perform with respect to the transaction.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.752.htm
- Text hash
- sha256 b5b0ff38aa6aa0362868b4f79f77a05c2bc3404f88f368489b3b6ad8d78f730e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.