§ 752.101 — CONSTRUCTION IN GENERAL.

Sec. 752.101. CONSTRUCTION IN GENERAL. 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.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.01, eff. January 1, 2014.