Tex.
Est. Code Section 751.031
Grants of Authority in General and Certain Limitations
(a)
Subject to Subsections (b), (c), and (d) and Section 751.032 (Gift Authority), 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 (Construction in General), Chapter 752 (Statutory Durable Power of Attorney).(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(5)
delegate authority granted under the power of attorney.(c)
Notwithstanding a grant of authority to perform an act described by Subsection (b), unless the durable power of attorney otherwise provides, an agent who is not an ancestor, spouse, or descendant of the principal may not exercise authority under the power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.(d)
Subject to Subsections (b) and (c) and Section 751.032 (Gift Authority), if the subjects over which authority is granted in a durable power of attorney are similar or overlap, the broadest authority controls.(e)
Authority granted in a durable power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, regardless of whether:(1)
the property is located in this state; and(2)
the authority is exercised in this state or the power of attorney is executed in this state.
Source:
Section 751.031 — Grants of Authority in General and Certain Limitations, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.751.htm#751.031 (accessed Jun. 5, 2024).
