Title ES, Estates Code

Sec. 752.102. REAL PROPERTY TRANSACTIONS. (a) The language conferring authority with respect to real property transactions in a statutory durable power of attorney empowers the agent, without further reference to a specific description of the real property, to: (1) accept as a gi…

Sec. 752.103. TANGIBLE PERSONAL PROPERTY TRANSACTIONS. The language conferring general authority with respect to tangible personal property transactions in a statutory durable power of attorney empowers the attorney in fact or agent to: (1) accept tangible personal property or an…

Sec. 752.104. STOCK AND BOND TRANSACTIONS. The language conferring authority with respect to stock and bond transactions in a statutory durable power of attorney empowers the attorney in fact or agent to: (1) buy, sell, and exchange: (A) stocks; (B) bonds; (C) mutual funds; and (…

Sec. 752.105. COMMODITY AND OPTION TRANSACTIONS. The language conferring authority with respect to commodity and option transactions in a statutory durable power of attorney empowers the attorney in fact or agent to: (1) buy, sell, exchange, assign, settle, and exercise commodity…

Sec. 752.106. BANKING AND OTHER FINANCIAL INSTITUTION TRANSACTIONS. The language conferring authority with respect to banking and other financial institution transactions in a statutory durable power of attorney empowers the attorney in fact or agent to: (1) continue, modify, or …

Sec. 752.107. BUSINESS OPERATION TRANSACTIONS. Subject to the terms of an agreement or other document governing or relating to an entity or entity ownership interest, to the extent the agent is permitted by law to act for the principal and unless the power of attorney provides ot…

Sec. 752.108. INSURANCE AND ANNUITY TRANSACTIONS. (a) The language conferring authority with respect to insurance and annuity transactions in a statutory durable power of attorney empowers the attorney in fact or agent to: (1) continue, pay the premium or assessment on, modify, r…

Sec. 752.109. ESTATE, TRUST, AND OTHER BENEFICIARY TRANSACTIONS. The language conferring authority with respect to estate, trust, and other beneficiary transactions in a statutory durable power of attorney empowers the agent to act for the principal in all matters that affect a t…

Sec. 752.110. CLAIMS AND LITIGATION. The language conferring general authority with respect to claims and litigation in a statutory durable power of attorney empowers the attorney in fact or agent to: (1) assert and prosecute before a court or administrative agency a claim, a cla…

Sec. 752.111. PERSONAL AND FAMILY MAINTENANCE. The language conferring authority with respect to personal and family maintenance in a statutory durable power of attorney empowers the agent to: (1) perform the acts necessary to maintain the customary standard of living of the prin…

Sec. 752.112. BENEFITS FROM CERTAIN GOVERNMENTAL PROGRAMS OR CIVIL OR MILITARY SERVICE. The language conferring authority with respect to benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service in a statutory durable power of…

Sec. 752.113. RETIREMENT PLAN TRANSACTIONS. (a) In this section, "retirement plan" means: (1) an employee pension benefit plan as defined by Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002), without regard to the provisions of Section (2)(B) of …

Sec. 752.114. TAX MATTERS. The language conferring authority with respect to tax matters in a statutory durable power of attorney empowers the attorney in fact or agent to: (1) prepare, sign, and file: (A) federal, state, local, and foreign income, gift, payroll, Federal Insuranc…

Sec. 752.1145. DIGITAL ASSET TRANSACTIONS. (a) In this section, "digital asset" has the meaning assigned by Section 2001.002. (b) The language conferring authority with respect to digital assets in a statutory durable power of attorney empowers the attorney in fact or agent, with…

Sec. 752.115. EXISTING INTERESTS; FOREIGN INTERESTS. The powers described by Sections 752.102-752.1145 may be exercised equally with respect to an interest the principal has at the time the durable power of attorney is executed or acquires later, whether or not: (1) the property …

Sec. 753.001. PROCEDURE FOR REMOVAL. (a) In this section, "person interested," notwithstanding Section 22.018, has the meaning assigned by Section 1002.018. (b) The following persons may file a petition under this section: (1) any person named as a successor attorney in fact or a…

Sec. 753.002. NOTICE TO THIRD PARTIES. Not later than the 21st day after the date the court enters an order removing an attorney in fact or agent and authorizing the appointment of a successor under Section 753.001, the successor attorney in fact or agent shall provide actual not…

Sec. 1001.001. POLICY; PURPOSE OF GUARDIANSHIP. (a) A court may appoint a guardian with either full or limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the …

Sec. 1001.002. LAWS APPLICABLE TO GUARDIANSHIPS. To the extent applicable and not inconsistent with other provisions of this code, the laws and rules governing estates of decedents apply to guardianships. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. J…

Sec. 1001.003. REFERENCES IN LAW MEANING INCAPACITATED PERSON. In this code or any other law, a reference to any of the following means an incapacitated person: (1) a person who is mentally, physically, or legally incompetent; (2) a person who is judicially declared incompetent; …

Sec. 1002.001. APPLICABILITY OF DEFINITIONS. The definition for a term provided by this chapter applies in this title. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Sec. 1002.0015. ALTERNATIVES TO GUARDIANSHIP. "Alternatives to guardianship" includes the: (1) execution of a medical power of attorney under Chapter 166, Health and Safety Code; (2) appointment of an attorney in fact or agent under a durable power of attorney as provided by Subt…

Sec. 1002.002. ATTORNEY AD LITEM. "Attorney ad litem" means an attorney appointed by a court to represent and advocate on behalf of a proposed ward, an incapacitated person, an unborn person, or another person described by Section 1054.007 in a guardianship proceeding. Added by A…

Sec. 1002.003. AUTHORIZED CORPORATE SURETY. "Authorized corporate surety" means a domestic or foreign corporation authorized to engage in business in this state to issue surety, guaranty, or indemnity bonds that guarantee the fidelity of a guardian. Added by Acts 2011, 82nd Leg.,…

Sec. 1002.004. CHILD. "Child" includes a biological child and an adopted child, regardless of whether the child was adopted by a parent under a statutory procedure or by acts of estoppel. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Sec. 1002.005. CLAIM. "Claim" includes: (1) a liability against the estate of an incapacitated person; and (2) a debt due to the estate of an incapacitated person. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Sec. 1002.006. COMMUNITY ADMINISTRATOR. "Community administrator" means a spouse who, on the judicial declaration of incapacity of the other spouse, is authorized to manage, control, and dispose of the entire community estate, including the part of the community estate the incapa…

Sec. 1002.007. CORPORATE FIDUCIARY. "Corporate fiduciary" means a financial institution, as defined by Section 201.101, Finance Code, that: (1) is existing or engaged in business under the laws of this state, another state, or the United States; (2) has trust powers; and (3) is a…

Sec. 1002.008. COURT; PROBATE COURT; STATUTORY PROBATE COURT. (a) "Court" or "probate court" means: (1) a county court exercising its probate jurisdiction; (2) a court created by statute and authorized to exercise original probate jurisdiction; or (3) a district court exercising …

Sec. 1002.009. COURT INVESTIGATOR. "Court investigator" means a person appointed by the judge of a statutory probate court under Section 25.0025, Government Code, or a judge under Section 1054.156. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January …

Sec. 1002.010. ESTATE; GUARDIANSHIP ESTATE. "Estate" or "guardianship estate" means a ward's or deceased ward's property, as that property: (1) exists originally and changes in form by sale, reinvestment, or otherwise; (2) is augmented by any accretions and other additions to the…

Sec. 1002.011. EXEMPT PROPERTY. "Exempt property" means the property in a deceased ward's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (…

Sec. 1002.012. GUARDIAN. (a) "Guardian" means a person appointed as a: (1) guardian under Subchapter D, Chapter 1101; (2) successor guardian; or (3) temporary guardian. (b) Except as expressly provided otherwise, "guardian" includes: (1) the guardian of the estate of an incapacit…

Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem" means a person appointed by a court to represent the best interests of an incapacitated person or proposed ward in a guardianship proceeding. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1,…

Sec. 1002.014. GUARDIANSHIP CERTIFICATION PROGRAM OF THE JUDICIAL BRANCH CERTIFICATION COMMISSION. "Guardianship certification program of the Judicial Branch Certification Commission" means the program established under Chapter 155, Government Code. Added by Acts 2011, 82nd Leg.,…

Sec. 1002.015. GUARDIANSHIP PROCEEDING. The term "guardianship proceeding" means a matter or proceeding related to a guardianship or any other matter covered by this title, including: (1) the appointment of a guardian of a minor or other incapacitated person, including an incapac…

Sec. 1002.016. GUARDIANSHIP PROGRAM. "Guardianship program" has the meaning assigned by Section 155.001, Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.0…

Sec. 1002.017. INCAPACITATED PERSON. "Incapacitated person" means: (1) a minor; (2) an adult who, because of a physical or mental condition, is substantially unable to: (A) provide food, clothing, or shelter for himself or herself; (B) care for the person's own physical health; o…

Sec. 1002.018. INTERESTED PERSON; PERSON INTERESTED. "Interested person" or "person interested" means: (1) an heir, devisee, spouse, creditor, or any other person having a property right in or claim against an estate being administered; or (2) a person interested in the welfare o…

Sec. 1002.019. MINOR. "Minor" means a person younger than 18 years of age who: (1) has never been married; and (2) has not had the disabilities of minority removed for general purposes. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Sec. 1002.020. MORTGAGE; LIEN. "Mortgage" and "lien" include: (1) a deed of trust; (2) a vendor's lien; (3) a mechanic's, materialman's, or laborer's lien; (4) a judgment, attachment, or garnishment lien; (5) a federal or state tax lien; (6) a chattel mortgage; and (7) a pledge b…

Sec. 1002.021. NEXT OF KIN. "Next of kin" includes: (1) an adopted child; (2) an adopted child's descendants; and (3) the adoptive parent of an adopted child. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Sec. 1002.022. PARENT. "Parent" means the mother of a child, a man presumed to be the biological father of a child, a man who has been adjudicated to be the biological father of a child by a court of competent jurisdiction, or an adoptive mother or father of a child, but does not…

Sec. 1002.023. PERSON. (a) "Person" includes a natural person, a corporation, and a guardianship program. (b) The definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision in this title. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B.…

Sec. 1002.024. PERSONAL PROPERTY. "Personal property" includes an interest in: (1) goods; (2) money; (3) a chose in action; (4) an evidence of debt; and (5) a real chattel. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Sec. 1002.025. PRIVATE PROFESSIONAL GUARDIAN. "Private professional guardian" has the meaning assigned by Section 155.001, Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 42 (S…