Texas 2015 - 84th Regular

Texas House Bill HB3095 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R27528 CLG/SCL-F
2	1		By: Thompson of Harris H.B. No. 3095
3		-	Substitute the following for H.B. No. 3095:
4		-	By: Thompson of Harris C.S.H.B. No. 3095
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to durable powers of attorney and advance directives;
10		-	affecting laws subject to criminal penalties.
	6	+	relating to durable powers of attorney and advance directives.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		ARTICLE 1. DURABLE POWERS OF ATTORNEY
13	9		SECTION 1.01. Subchapter A, Chapter 751, Estates Code, is
14	10		amended by adding Section 751.0015 to read as follows:
15	11		Sec. 751.0015. APPLICABILITY. This subtitle applies to all
16	12		durable powers of attorney except:
17	13		(1) a power of attorney to the extent it is coupled
18	14		with an interest in the subject of that power, including a power of
19	15		attorney given to or for the benefit of a creditor in connection
20	16		with a credit transaction;
21	17		(2) a proxy or other delegation to exercise voting
22	18		rights or management rights with respect to an entity; or
23	19		(3) a power of attorney created on a form prescribed by
24	20		a government or governmental subdivision, agency, or
25	21		instrumentality for a governmental purpose.
26	22		SECTION 1.02. Section 751.002, Estates Code, is amended to
27	23		read as follows:
28	24		Sec. 751.002. DEFINITIONS [DEFINITION] OF DURABLE POWER OF
29	25		ATTORNEY AND AGENT. (a) A "durable power of attorney" means a
30	26		written instrument that:
31	27		(1) designates another person as [attorney in fact or]
32	28		agent;
33	29		(2) is signed by an adult principal or in the adult
34	30		principal's conscious presence by another individual directed by
35	31		the principal to sign the principal's name on the durable power of
36	32		attorney;
37	33		(3) contains:
38	34		(A) the words:
39	35		(i) "This power of attorney is not affected
40	36		by subsequent disability or incapacity of the principal"; or
41	37		(ii) "This power of attorney becomes
42	38		effective on the disability or incapacity of the principal"; or
43	39		(B) words similar to those of Paragraph (A) that
44	40		show the principal's intent that the authority conferred on the
45	41		[attorney in fact or] agent shall be exercised notwithstanding the
46	42		principal's subsequent disability or incapacity; and
47	43		(4) is acknowledged by the principal before an officer
48	44		authorized under the laws of this state or another state to:
49	45		(A) take acknowledgments to deeds of conveyance;
50	46		and
51	47		(B) administer oaths.
52	48		(b) If the law of the jurisdiction that determines the
53	49		meaning and effect of a power of attorney under Section 751.009
54	50		provides that the authority conferred on the agent is exercisable
55	51		notwithstanding the principal's subsequent disability or
56	52		incapacity, the power of attorney is considered a durable power of
57	53		attorney under this subtitle.
58	54		(c) In this subtitle, the term "agent" includes an "attorney
59	55		in fact."
60	56		SECTION 1.03. Subchapter A, Chapter 751, Estates Code, is
61	57		amended by adding Sections 751.007, 751.008, 751.009, 751.010,
62	58		751.011, 751.012, and 751.013 to read as follows:
63	59		Sec. 751.007. PRESUMPTION OF GENUINE SIGNATURE. A
64	60		signature that purports to be the signature of the principal on a
65	61		durable power of attorney is presumed to be genuine, and the durable
66	62		power of attorney is presumed to have been executed under Section
67	63		751.002 if the officer taking the acknowledgment has complied with
68	64		the requirements of Section 121.004(b), Civil Practice and Remedies
69	65		Code.
70	66		Sec. 751.008. VALIDITY OF POWER OF ATTORNEY. (a) A durable
71	67		power of attorney executed in this state is valid if the execution
72	68		of the instrument complies with Section 751.002.
73	69		(b) A durable power of attorney executed in a jurisdiction
74	70		other than this state is valid in this state if, when executed, the
75	71		execution of the durable power of attorney complied with:
76	72		(1) the law of the jurisdiction that determines the
77	73		meaning and effect of the durable power of attorney as provided by
78	74		Section 751.009; or
79	75		(2) the requirements for a military power of attorney
80	76		as provided by 10 U.S.C. Section 1044b.
81	77		(c) Except as otherwise provided by statute other than this
82	78		subtitle, a photocopy or electronically transmitted copy of an
83	79		original durable power of attorney has the same effect as the
84	80		original instrument and may be relied on by a person who is
85	81		requested to accept the durable power of attorney, without
86	82		liability, to the same extent as the original instrument.
87	83		Sec. 751.009. MEANING AND EFFECT OF DURABLE POWER OF
88	84		ATTORNEY. The meaning and effect of a durable power of attorney is
89	85		determined by the law of the jurisdiction indicated in the durable
90	86		power of attorney and, in the absence of an indication of
91	87		jurisdiction, by:
92	88		(1) the law of the jurisdiction of the principal's
93	89		domicile, if the principal's domicile is indicated in the power of
94	90		attorney; or
95	91		(2) the law of the jurisdiction in which the durable
96	92		power of attorney was executed, if the principal's domicile is not
97	93		indicated in the power of attorney.
98	94		Sec. 751.010. JUDICIAL RELIEF. (a) The following may bring
99	95		an action in which a court is requested to construe a durable power
100	96		of attorney or review the agent's conduct and grant appropriate
101	97		relief:
102	98		(1) the principal or the agent;
103	99		(2) a guardian, conservator, or other fiduciary acting
104	100		for the principal;
105	101		(3) a person named as a beneficiary to receive any
106	102		property, benefit, or contractual right on the principal's death;
107	103		(4) a governmental agency having regulatory authority
108	104		to protect the welfare of the principal; and
109	105		(5) a person who demonstrates to the court sufficient
110	106		interest in the principal's welfare or estate.
111	107		(b) A person who is requested to accept a durable power of
112	108		attorney may bring an action in a court for declaratory relief to
113	109		construe the durable power of attorney.
114	110		(c) On motion by the principal, the court shall dismiss an
115	111		action filed under this section unless the court finds that the
116	112		principal lacks capacity to revoke the agent's authority or the
117	113		durable power of attorney.
118	114		Sec. 751.011. ACCEPTANCE OF APPOINTMENT AS AGENT. Except
119	115		as otherwise provided in the durable power of attorney, a person
120	116		accepts appointment as an agent under a durable power of attorney by
121	117		exercising authority or performing duties as an agent or by any
122	118		other assertion or conduct indicating acceptance of the
123	119		appointment.
124	120		Sec. 751.012. CO-AGENTS AND SUCCESSOR AGENTS. (a) A
125	121		principal may designate two or more persons to act as co-agents.
126	122		Unless the durable power of attorney otherwise provides, the
127	123		co-agents must act jointly.
128	124		(b) A principal may designate one or more successor agents
129	125		to act if an agent resigns, dies, or becomes incapacitated, is not
130	126		qualified to serve, or declines to serve. A principal may grant
131	127		authority to designate one or more successor agents to an agent or
132	128		other person designated by name, office, or function. Unless the
133	129		durable power of attorney otherwise provides, a successor agent:
134	130		(1) has the same authority as the authority granted to
135	131		the predecessor agent; and
136	132		(2) is not considered an agent under this subtitle and
137	133		may not act until all predecessor agents to the successor agent have
138	134		resigned, died, or become incapacitated, are not or are no longer
139	135		qualified to serve, or have declined to serve.
140	136		(c) If the principal has designated co-agents and one or
141	137		more successor agents for a specified co-agent:
142	138		(1) the authority granted to a successor agent is the
143	139		same as the authority granted to the predecessor co-agent whom the
144	140		successor agent is designated to succeed; and
145	141		(2) the specified co-agent is considered an agent
146	142		under this subtitle and may act in that capacity only when the
147	143		predecessor co-agent whom the successor agent is designated to
148	144		succeed has died, becomes incapacitated, resigns, is not or is no
149	145		longer qualified to serve, or has declined to serve.
150	146		(d) Except as otherwise provided by Subsection (e) or the
151	147		durable power of attorney, an agent who does not participate in or
152	148		conceal a breach of fiduciary duty committed by another agent,
153	149		including a predecessor agent, is not liable for the actions of the
154	150		other agent.
155	151		(e) An agent who has actual knowledge of a breach or
156	152		imminent breach of fiduciary duty by another agent shall notify the
157	153		principal and, if the principal is incapacitated, shall take any
158	154		action reasonably appropriate under the circumstances to safeguard
159	155		the principal's best interest. An agent who fails to notify the
160	156		principal or take action as required by this subsection is liable
161	157		for the reasonably foreseeable damages that could have been avoided
162	158		if the agent had notified the principal or taken the action.
163	159		Sec. 751.013. REIMBURSEMENT AND COMPENSATION OF AGENT.
164	160		Unless the durable power of attorney otherwise provides or is in
165	161		conflict with another agreement or instrument, an agent is entitled
166	162		to reimbursement of reasonable expenses incurred on the principal's
167	163		behalf and to compensation that is reasonable under the
168	164		circumstances.
169	165		SECTION 1.04. The heading to Subchapter B, Chapter 751,
170	166		Estates Code, is amended to read as follows:
171	167		SUBCHAPTER B. EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER
172	168		OF ATTORNEY; DURATION; ACCEPTANCE AND RELIANCE
173	169		SECTION 1.05. Section 751.051, Estates Code, is amended to
174	170		read as follows:
175	171		Sec. 751.051. EFFECT OF ACTS PERFORMED BY [ATTORNEY IN FACT
176	172		OR] AGENT [DURING PRINCIPAL'S DISABILITY OR INCAPACITY]. An [Each]
177	173		act performed by an [attorney in fact or] agent under a durable
178	174		power of attorney [during a period of the principal's disability or
179	175		incapacity] has the same effect[,] and inures to the benefit of and
180	176		binds the principal and the principal's successors in interest[,]
181	177		as if the principal had performed the act [were not disabled or
182	178		incapacitated].
183	179		SECTION 1.06. Section 751.052, Estates Code, is amended to
184	180		read as follows:
185	181		Sec. 751.052. RELATION OF [ATTORNEY IN FACT OR] AGENT TO
186	182		COURT-APPOINTED GUARDIAN OF ESTATE. (a) If, after execution of a
187	183		durable power of attorney, a court of the principal's domicile
188	184		appoints a permanent guardian of the estate of the principal, the
189	185		powers of the [attorney in fact or] agent terminate on the
190	186		qualification of the guardian of the estate. The [attorney in fact
191	187		or] agent shall:
192	188		(1) deliver to the guardian of the estate all assets of
193	189		the ward's estate that are in the possession of the [attorney in
194	190		fact or] agent; and
195	191		(2) account to the guardian of the estate as the
196	192		[attorney in fact or] agent would account to the principal if the
197	193		principal had terminated the powers of the [attorney in fact or]
198	194		agent.
199	195		(b) If, after execution of a durable power of attorney, a
200	196		court of the principal's domicile appoints a temporary guardian of
201	197		the estate of the principal, the court may suspend the powers of the
202	198		[attorney in fact or] agent on the qualification of the temporary
203	199		guardian of the estate until the date the term of the temporary
204	200		guardian expires. This subsection may not be construed to prohibit
205	201		the application for or issuance of a temporary restraining order
206	202		under applicable law.
207	203		SECTION 1.07. Section 751.057, Estates Code, is amended to
208	204		read as follows:
209	205		Sec. 751.057. EFFECT OF BANKRUPTCY PROCEEDING. (a) The
210	206		filing of a voluntary or involuntary petition in bankruptcy in
211	207		connection with the debts of a principal who has executed a durable
212	208		power of attorney does not revoke or terminate the agency as to the
213	209		principal's [attorney in fact or] agent.
214	210		(b) Any act the [attorney in fact or] agent may undertake
215	211		with respect to the principal's property is subject to the
216	212		limitations and requirements of the United States Bankruptcy Code
217	213		(11 U.S.C. Section 101 et seq.) until a final determination is made
218	214		in the bankruptcy proceeding.
219	215		SECTION 1.08. Chapter 751, Estates Code, is amended by
220	216		adding Subchapter B-1 to read as follows:
221	217		SUBCHAPTER B-1. DURATION OF DURABLE POWER OF ATTORNEY; ACCEPTANCE
222	218		OF AND RELIANCE ON DURABLE POWER OF ATTORNEY
223	219		Sec. 751.061. TERMINATION OF DURABLE POWER OF ATTORNEY. A
224	220		durable power of attorney terminates when:
225	221		(1) the principal dies;
226	222		(2) the principal revokes the durable power of
227	223		attorney;
228	224		(3) the durable power of attorney provides that it
229	225		terminates;
230	226		(4) the purpose of the durable power of attorney is
231	227		accomplished;
232	228		(5) the principal revokes the agent's authority or the
233	229		agent dies, becomes incapacitated, or resigns, and the durable
234	230		power of attorney does not provide for another agent to act under
235	231		the durable power of attorney;
236	232		(6) a permanent guardian of the estate of the
237	233		principal has qualified to serve in that capacity as provided by
238	234		Section 751.052; or
239	235		(7) the agent's authority is otherwise terminated
240	236		under Section 751.062 and the durable power of attorney does not
241	237		provide for another agent to act under the durable power of
242	238		attorney.
243	239		Sec. 751.062. TERMINATION OF AGENT'S AUTHORITY. (a) An
244	240		agent's authority under a durable power of attorney terminates
245	241		when:
246	242		(1) the principal revokes the authority;
247	243		(2) the agent dies, becomes incapacitated, or resigns;
248	244		(3) the agent's marriage to the principal is dissolved
249	245		by court decree of divorce or annulment or is declared void by a
250	246		court, unless the durable power of attorney otherwise provides; or
251	247		(4) the durable power of attorney terminates.
252	248		(b) Unless the durable power of attorney otherwise
253	249		provides, an agent's authority may be exercised until the agency's
254	250		authority terminates under Subsection (a), notwithstanding a lapse
255	251		of time since the execution of the durable power of attorney.
256	252		Sec. 751.063. EFFECT OF TERMINATION OF DURABLE POWER OF
257	253		ATTORNEY OR AGENT'S AUTHORITY ON CERTAIN PERSONS. Termination of an
258	254		agent's authority or of a durable power of attorney is not effective
259	255		as to the agent or another person who, without actual knowledge of
260	256		the termination, acts in good faith under or in reliance on the
261	257		durable power of attorney. An act performed as described by this
262	258		section, unless otherwise invalid or unenforceable, binds the
263	259		principal and the principal's successors in interest.
264	260		Sec. 751.064. EFFECT ON PREVIOUS DURABLE POWER OF ATTORNEY.
265	261		The execution of a durable power of attorney does not revoke a
266	262		durable power of attorney previously executed by the principal
267	263		unless the subsequent durable power of attorney provides that the
268	264		previous durable power of attorney is revoked or that all other
269	265		durable powers of attorney are revoked.
270	266		Sec. 751.065. ACCEPTANCE OF AND RELIANCE ON POWER OF
271	267		ATTORNEY. (a) A person who accepts a durable power of attorney
272	268		without actual knowledge that the signature of the principal is not
273	269		genuine may rely on the presumption under Section 751.007 that the
274	270		signature is genuine and that the durable power of attorney was
275	271		properly executed.
276	272		(b) A person who accepts a durable power of attorney without
277	273		actual knowledge that the durable power of attorney is void,
278	274		invalid, or terminated, that the purported agent's authority is
279	275		void, invalid, or terminated, or that the agent is exceeding or
280	276		improperly exercising the agent's authority may rely on the power
281	277		of attorney as if:
282	278		(1) the power of attorney were genuine, valid, and
283	279		still in effect;
284	280		(2) the agent's authority were genuine, valid, and
285	281		still in effect; and
286	282		(3) the agent had not exceeded and had properly
287	283		exercised the authority.
288	284		(c) A person who is requested to accept a durable power of
289	285		attorney may request, and rely on, without further investigation:
290	286		(1) an agent's certification under penalty of perjury
291	287		of any factual matter concerning the principal, agent, or power of
292	288		attorney, which is conclusive proof of the matter;
293	289		(2) an English translation of the power of attorney if
294	290		the power of attorney contains, wholly or partly, language other
295	291		than English; and
296	292		(3) an opinion of counsel containing no material
297	293		qualifications as to any matter of law concerning the power of
298	294		attorney if the person making the request provides in a writing or
299	295		other record the reason for the request.
300	296		(d) An English translation or an opinion of counsel
301	297		requested under this section must be provided by the agent at the
302	298		agent's own expense unless the request is made not earlier than the
303	299		10th business day after the date the power of attorney is presented
304	300		for acceptance.
305	301		(e) For purposes of this section, a person who conducts
306	302		activities through employees is without actual knowledge of a fact
307	303		relating to a durable power of attorney, a principal, or an agent if
308	304		the employee conducting the transaction involving the power of
309	305		attorney is without actual knowledge of the fact.
310	306		(f) A certification described by Subsection (c) may be in
311	307		the following form:
312	308		CERTIFICATION OF POWER OF ATTORNEY BY AGENT
313	309		I, ___________ (agent), certify under penalty of perjury
314	310		that:
315	311		1. I am the agent named in the power of attorney validly
316	312		executed by ___________ (principal) ("principal") on ____________
317	313		(date), and the power of attorney is now in full force and effect.
318	314		2. The principal is not deceased and is presently domiciled
319	315		in ___________ (city and state/territory or foreign country).
320	316		3. To the best of my knowledge after diligent search and
321	317		inquiry:
322	318		a. The power of attorney has not been revoked by the
323	319		principal or suspended or partially or completely terminated by the
324	320		occurrence of any event, whether or not referenced in the power of
325	321		attorney;
326	322		b. A permanent or temporary guardian of the estate of
327	323		the principal has not qualified to serve in that capacity;
328	324		c. If I am (or was) the principal's spouse, my marriage
329	325		to the principal has not been dissolved by court decree of divorce
330	326		or annulment or declared void by a court (or the power of attorney
331	327		provides specifically that my appointment as the agent for the
332	328		principal does not terminate if my marriage to the principal is
333	329		dissolved by court decree of divorce or annulment or is declared
334	330		void by a court);
335	331		d. No proceeding has been commenced for a temporary or
336	332		permanent guardianship of the person or estate, or both, of the
337	333		principal; and
338	334		e. The exercise of my authority is not prohibited by
339	335		another agreement or instrument.
340	336		4. If under its terms the power of attorney becomes
341	337		effective on the disability or incapacity of the principal or at a
342	338		future time or on the occurrence of a contingency, the principal is
343	339		now disabled or incapacitated or the specified future time or
344	340		contingency has occurred.
345	341		5. I am acting within the scope of my authority under the
346	342		power of attorney, and my authority has not been altered or
347	343		terminated.
348	344		6. If applicable, I am the successor to ___________
349	345		(predecessor agent), who has resigned, died, or become
350	346		incapacitated, is not or is no longer qualified to serve, has
351	347		declined to serve as agent, or is otherwise unable to act. There is
352	348		no prior agent remaining under the power of attorney that precludes
353	349		my acting as successor agent.
354	350		7. I agree not to exercise any powers granted by the power of
355	351		attorney if I attain knowledge that the power of attorney has been
356	352		revoked, suspended, or partially or completely terminated.
357	353		8. A true and correct copy of the power of attorney is
358	354		attached to this document.
359	355		9. If applicable, the power of attorney was executed in the
360	356		law office of ____________________.
361	357		Date: __________, 20__.
362	358		__________________________________ (signature of agent)
363	359		SECTION 1.09. Sections 751.101, 751.102, 751.103, 751.104,
364	360		751.105, and 751.106, Estates Code, are amended to read as follows:
365	361		Sec. 751.101. FIDUCIARY DUTIES. An [attorney in fact or]
366	362		agent who accepts appointment as an agent under a durable power of
367	363		attorney as provided by Section 751.011 is a fiduciary and has a
368	364		duty to inform and to account for actions taken under the power of
369	365		attorney.
370	366		Sec. 751.102. DUTY TO TIMELY INFORM PRINCIPAL. (a) The
371	367		[attorney in fact or] agent shall timely inform the principal of
372	368		each action taken under the power of attorney.
373	369		(b) Failure of an [attorney in fact or] agent to timely
374	370		inform, as to third parties, does not invalidate any action of the
375	371		[attorney in fact or] agent.
376	372		Sec. 751.103. MAINTENANCE OF RECORDS. (a) The [attorney
377	373		in fact or] agent shall maintain records of each action taken or
378	374		decision made by the [attorney in fact or] agent.
379	375		(b) The [attorney in fact or] agent shall maintain all
380	376		records until delivered to the principal, released by the
381	377		principal, or discharged by a court.
382	378		Sec. 751.104. ACCOUNTING. (a) The principal may demand an
383	379		accounting by the [attorney in fact or] agent.
384	380		(b) Unless otherwise directed by the principal, an
385	381		accounting under Subsection (a) must include:
386	382		(1) the property belonging to the principal that has
387	383		come to the [attorney in fact's or] agent's knowledge or into the
388	384		[attorney in fact's or] agent's possession;
389	385		(2) each action taken or decision made by the
390	386		[attorney in fact or] agent;
391	387		(3) a complete account of receipts, disbursements, and
392	388		other actions of the [attorney in fact or] agent that includes
393	389		the source and nature of each receipt, disbursement, or action,
394	390		with receipts of principal and income shown separately;
395	391		(4) a listing of all property over which the [attorney
396	392		in fact or] agent has exercised control that includes:
397	393		(A) an adequate description of each asset; and
398	394		(B) the asset's current value, if the value is
399	395		known to the [attorney in fact or] agent;
400	396		(5) the cash balance on hand and the name and location
401	397		of the depository at which the cash balance is kept;
402	398		(6) each known liability; and
403	399		(7) any other information and facts known to the
404	400		[attorney in fact or] agent as necessary for a full and definite
405	401		understanding of the exact condition of the property belonging to
406	402		the principal.
407	403		(c) Unless directed otherwise by the principal, the
408	404		[attorney in fact or] agent shall also provide to the principal all
409	405		documentation regarding the principal's property.
410	406		Sec. 751.105. EFFECT OF FAILURE TO COMPLY; SUIT. If the
411	407		[attorney in fact or] agent fails or refuses to inform the
412	408		principal, provide documentation, or deliver an accounting under
413	409		Section 751.104 within 60 days of a demand under that section, or a
414	410		longer or shorter period as demanded by the principal or ordered by
415	411		a court, the principal may file suit to:
416	412		(1) compel the [attorney in fact or] agent to deliver
417	413		the accounting or the assets; or
418	414		(2) terminate the power of attorney.
419	415		Sec. 751.106. EFFECT OF SUBCHAPTER ON PRINCIPAL'S
420	416		RIGHTS. This subchapter does not limit the right of the principal
421	417		to terminate the power of attorney or to make additional
422	418		requirements of, [or to] give additional instructions to, or
423	419		expressly modify the duties or obligations of the [attorney in fact
424	420		or] agent.
425	421		SECTION 1.10. Section 751.151, Estates Code, is amended to
426	422		read as follows:
427	423		Sec. 751.151. RECORDING FOR REAL PROPERTY TRANSACTIONS
428	424		REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS. A durable power
429	425		of attorney for a real property transaction requiring the execution
430	426		and delivery of an instrument that is to be recorded, including a
431	427		release, assignment, satisfaction, mortgage, security agreement,
432	428		home equity lien, reverse mortgage, deed of trust, encumbrance,
433	429		deed of conveyance, oil, gas, or other mineral lease, memorandum of
434	430		a lease, lien, or other claim or right to real property, must be
435	431		recorded in the office of the county clerk of the county in which
436	432		the property is located.
437	433		SECTION 1.11. Chapter 751, Estates Code, is amended by
438	434		adding Subchapter E to read as follows:
439	435		SUBCHAPTER E. AUTHORITY OF AGENT UNDER POWER OF ATTORNEY
440	436		Sec. 751.201. GRANT OF GENERAL AUTHORITY; AUTHORITY
441	437		REQUIRING SPECIFIC GRANT. (a) Only if the power of attorney
442	438		expressly grants the agent the authority and the exercise of the
443	439		authority is not otherwise prohibited by another agreement or
444	440		instrument to which the authority or property is subject, an agent
445	441		under a durable power of attorney, on behalf of the principal or
446	442		with respect to the principal's property, may:
447	443		(1) create, amend, revoke, or terminate an inter vivos
448	444		trust;
449	445		(2) make a gift;
450	446		(3) create or change rights of survivorship;
451	447		(4) create or change a beneficiary designation; or
452	448		(5) delegate authority granted under the power of
453	449		attorney.
454	450		(b) Notwithstanding a grant of authority to perform an act
455	451		described by Subsection (a), unless the durable power of attorney
456	452		otherwise provides, an agent who is not an ancestor, spouse, or
457	453		descendant of the principal may not exercise authority under the
458	454		power of attorney to create in the agent, or in an individual to
459	455		whom the agent owes a legal obligation of support, an interest in
460	456		the principal's property, whether by gift, right of survivorship,
461	457		beneficiary designation, disclaimer, or otherwise.
462	458		(c) Subject to Subsections (a), (b), (d), and (e), if a
463	459		durable power of attorney grants to an agent the authority to
464	460		perform all acts that a principal could perform, the agent has the
465	461		general authority conferred by Subchapter C, Chapter 752.
466	462		(d) Unless the durable power of attorney otherwise
467	463		provides, a grant of authority to make a gift is subject to Section
468	464		751.202.
469	465		(e) Subject to Subsections (a), (b), and (d), if the
470	466		subjects over which authority is granted in a durable power of
471	467		attorney are similar or overlap, the broadest authority controls.
472	468		(f) Authority granted in a durable power of attorney is
473	469		exercisable with respect to property that the principal has when
474	470		the power of attorney is executed or acquires later, regardless of
475	471		whether:
476	472		(1) the property is located in this state; and
477	473		(2) the authority is exercised in this state or the
478	474		power of attorney is executed in this state.
479	475		(g) An agent who is expressly granted any of the authority
480	476		under Subsection (a) shall attempt to preserve the principal's
481	477		estate plan, to the extent actually known by the agent, if
482	478		preserving the plan is consistent with the principal's best
483	479		interest based on all relevant factors, including:
484	480		(1) the value and nature of the principal's property;
485	481		(2) the principal's foreseeable obligations and need
486	482		for maintenance;
487	483		(3) minimization of taxes, including income, estate,
488	484		inheritance, generation-skipping transfer, and gift taxes; and
489	485		(4) eligibility for a benefit, a program, or
490	486		assistance under a statute or regulation.
491	487		Sec. 751.202. GIFTS. (a) In this section, a gift for the
492	488		benefit of a person includes:
493	489		(1) a gift to a trust;
494	490		(2) an account under the Texas Uniform Transfers to
495	491		Minors Act or a similar law of any other state; and
496	492		(3) a tuition savings account or prepaid tuition plan
497	493		as described by Section 529, Internal Revenue Code of 1986.
498	494		(b) Unless the durable power of attorney otherwise
499	495		provides, language in a power of attorney granting general
500	496		authority with respect to gifts authorizes the agent to only:
501	497		(1) make outright to, or for the benefit of, a person a
502	498		gift of any of the principal's property, including by the exercise
503	499		of a presently exercisable general power of appointment held by the
504	500		principal, in an amount per donee not to exceed:
505	501		(A) the annual dollar limits of the federal gift
506	502		tax exclusion under Section 2503(b), Internal Revenue Code of 1986,
507	503		without regard to whether the federal gift tax exclusion applies to
508	504		the gift; or
509	505		(B) if the principal's spouse agrees to consent
510	506		to a split gift as provided by Section 2513, Internal Revenue Code
511	507		of 1986, twice the annual federal gift tax exclusion limit; and
512	508		(2) consent, as provided by Section 2513, Internal
513	509		Revenue Code of 1986, to the splitting of a gift made by the
514	510		principal's spouse in an amount per donee not to exceed the
515	511		aggregate annual federal gift tax exclusions for both spouses.
516	512		(c) An agent may make a gift of the principal's property
517	513		only as the agent determines is consistent with the principal's
518	514		objectives if actually known by the agent and, if unknown, as the
519	515		agent determines is consistent with the principal's best interest
520	516		based on all relevant factors, including:
521	517		(1) the value and nature of the principal's property;
522	518		(2) the principal's foreseeable obligations and need
523	519		for maintenance;
524	520		(3) minimization of taxes, including income, estate,
525	521		inheritance, generation-skipping transfer, and gift taxes;
526	522		(4) eligibility for a benefit, a program, or
527	523		assistance under a statute or regulation; and
528	524		(5) the principal's personal history of making or
529	525		joining in making gifts.
530	526		Sec. 751.203. BENEFICIARY DESIGNATIONS. (a) Unless the
531	527		durable power of attorney otherwise provides, and except as
532	528		provided by Section 751.201(b), authority granted to an agent under
533	529		Section 751.201(a)(4) includes the power to:
534	530		(1) create or change a beneficiary designation under
535	531		an account, a contract, or another arrangement that authorizes the
536	532		principal to designate a beneficiary, including insurance and
537	533		annuity contracts, qualified and nonqualified retirement plans,
538	534		including those retirement plans defined by Section 752.113,
539	535		employment agreements, including deferred compensation agreements,
540	536		and residency agreements;
541	537		(2) enter into or change a P.O.D. account or trust
542	538		account under Chapter 113; or
543	539		(3) create or change a nontestamentary payment or
544	540		transfer under Chapter 111.
545	541		(b) If an agent is granted authority under Section
546	542		751.201(a)(4) and if the durable power of attorney grants the
547	543		authority to the agent in Section 752.108 or 752.113, then, unless
548	544		the durable power of attorney otherwise provides, the authority of
549	545		the agent to designate the agent as a beneficiary is not subject to
550	546		the limitations prescribed by Sections 752.108(b) and 752.113(c).
551	547		(c) If an agent is not granted authority under Section
552	548		751.201(a)(4) and if the durable power of attorney grants the
553	549		authority to the agent in Section 752.108 or 752.113, then, unless
554	550		the durable power of attorney otherwise provides and
555	551		notwithstanding Section 751.201, the agent's authority to
556	552		designate the agent as a beneficiary is subject to the limitations
557	553		prescribed by Sections 752.108(b) and 752.113(c).
558	554		Sec. 751.204. INCORPORATION OF AUTHORITY. (a) An agent has
559	555		authority described in this chapter if the durable power of
560	556		attorney refers to general authority with respect to the
561	557		descriptive term for the subjects stated in Chapter 752 or cites the
562	558		section in which the authority is described.
563	559		(b) A reference in a durable power of attorney to general
564	560		authority with respect to the descriptive term for a subject in
565	561		Chapter 752 or a citation to one of those sections incorporates the
566	562		entire section as if the section were set out in its entirety in the
567	563		durable power of attorney.
568	564		(c) A principal may modify authority incorporated by
569	565		reference.
570	566		SECTION 1.12. Section 752.051, Estates Code, is amended to
571	567		read as follows:
572	568		Sec. 752.051. FORM. The following form is known as a
573	569		"statutory durable power of attorney":
574	570		STATUTORY DURABLE POWER OF ATTORNEY
575	571		NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
576	572		SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT,
577	573		SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT
578	574		THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES
579	575		NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE
580	576		DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU
581	577		LATER WISH TO DO SO.
582	578		You should select someone you trust to serve as your agent
583	579		(attorney in fact). Unless you specify otherwise, generally the
584	580		agent's (attorney in fact's) authority will continue until:
585	581		(1) you die or revoke the power of attorney;
586	582		(2) your agent (attorney in fact) resigns or is unable
587	583		to act for you; or
588	584		(3) a guardian is appointed for your estate.
589	585		I, __________ (insert your name and address), appoint
590	586		__________ (insert the name and address of the person appointed) as
591	587		my agent (attorney in fact) to act for me in any lawful way with
592	588		respect to all of the following powers that I have initialed below.
593	589		(YOU MAY APPOINT CO-AGENTS. UNLESS YOU PROVIDE OTHERWISE,
594	590		CO-AGENTS MUST ACT JOINTLY.)
595	591		TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN
596	592		FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS
597	593		LISTED IN (A) THROUGH (M).
598	594		TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE
599	595		POWER YOU ARE GRANTING.
600	596		TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE
601	597		POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
602	598		____ (A) Real property transactions;
603	599		____ (B) Tangible personal property transactions;
604	600		____ (C) Stock and bond transactions;
605	601		____ (D) Commodity and option transactions;
606	602		____ (E) Banking and other financial institution
607	603		transactions;
608	604		____ (F) Business operating transactions;
609	605		____ (G) Insurance and annuity transactions;
610	606		____ (H) Estate, trust, and other beneficiary transactions;
611	607		____ (I) Claims and litigation;
612	608		____ (J) Personal and family maintenance;
613	609		____ (K) Benefits from social security, Medicare, Medicaid,
614	610		or other governmental programs or civil or military service;
615	611		____ (L) Retirement plan transactions;
616	612		____ (M) Tax matters;
617	613		____ (N) ALL OF THE POWERS LISTED IN (A) THROUGH (M). YOU DO
618	614		NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU
619	615		INITIAL LINE (N).
620	616		SPECIAL INSTRUCTIONS:
621	617		Special instructions applicable to gifts (initial in front of
622	618		the following sentence to have it apply):
623	619		____ I grant my agent (attorney in fact) the power to apply my
624	620		property to make gifts outright to or for the benefit of a person,
625	621		including by the exercise of a presently exercisable general power
626	622		of appointment held by me, except that the amount of a gift to an
627	623		individual may not exceed the amount of annual exclusions allowed
628	624		from the federal gift tax for the calendar year of the gift.
629	625		ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
630	626		LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
631	627		________________________________________________________________
632	628		________________________________________________________________
633	629		________________________________________________________________
634	630		________________________________________________________________
635	631		________________________________________________________________
636	632		________________________________________________________________
637	633		________________________________________________________________
638	634		________________________________________________________________
639	635		________________________________________________________________
640	636		UNLESS YOU DIRECT OTHERWISE BELOW [ABOVE], THIS POWER OF
641	637		ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT
642	638		TERMINATES [IS REVOKED].
643	639		CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
644	640		ALTERNATIVE NOT CHOSEN:
645	641		(A) This power of attorney is not affected by my subsequent
646	642		disability or incapacity.
647	643		(B) This power of attorney becomes effective upon my
648	644		disability or incapacity.
649	645		YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
650	646		IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
651	647		IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
652	648		YOU CHOSE ALTERNATIVE (A).
653	649		If Alternative (B) is chosen and a definition of my
654	650		disability or incapacity is not contained in this power of
655	651		attorney, I shall be considered disabled or incapacitated for
656	652		purposes of this power of attorney if a physician certifies in
657	653		writing at a date later than the date this power of attorney is
658	654		executed that, based on the physician's medical examination of me,
659	655		I am mentally incapable of managing my financial affairs. I
660	656		authorize the physician who examines me for this purpose to
661	657		disclose my physical or mental condition to another person for
662	658		purposes of this power of attorney. A third party who accepts this
663	659		power of attorney is fully protected from any action taken under
664	660		this power of attorney that is based on the determination made by a
665	661		physician of my disability or incapacity.
666	662		I agree that any third party who receives a copy of this
667	663		document may act under it. Termination [Revocation] of this [the]
668	664		durable power of attorney is not effective as to a third party until
669	665		the third party receives actual notice of the termination
670	666		[revocation]. I agree to indemnify the third party for any claims
671	667		that arise against the third party because of reliance on this power
672	668		of attorney.
673	669		If any agent named by me dies, becomes legally disabled,
674	670		resigns, or refuses to act, or if my marriage to an agent named by me
675	671		is dissolved by court decree of divorce or annulment or is declared
676	672		void by a court (unless I provided in this document that the
677	673		dissolution or declaration does not terminate the agent's authority
678	674		to act under this power of attorney), I name the following (each to
679	675		act alone and successively, in the order named) as successor(s) to
680	676		that agent: __________.
681	677		Signed this ______ day of __________, _____________
682	678		___________________________
683	679		(your signature)
684	680		State of _______________________
685	681		County of ______________________
686	682		This document was acknowledged before me on ____________(date) by
687	683		________________________
688	684		(name of principal)
689	685		___________________________
690	686		(signature of notarial
691	687		officer)
692	688		(Seal, if any, of notary) ______________________________________
693	689		(printed name)
694	690		My commission expires: __________
695	691		IMPORTANT INFORMATION FOR AGENT (ATTORNEY IN FACT)
696	692		Agent's Duties
697	693		When you accept the authority granted under this power of
698	694		attorney, you establish a "fiduciary" relationship with the
699	695		principal. This is a special legal relationship that imposes on
700	696		you legal duties that continue until you resign or the power of
701	697		attorney is terminated or revoked by the principal or by operation
702	698		of law. A fiduciary duty generally includes the duty to:
703	699		(1) act in good faith;
704	700		(2) do nothing beyond the authority granted in this
705	701		power of attorney;
706	702		(3) act loyally for the principal's benefit;
707	703		(4) avoid conflicts that would impair your ability to
708	704		act in the principal's best interest; and
709	705		(5) disclose your identity as an agent or attorney in
710	706		fact when you act for the principal by writing or printing the name
711	707		of the principal and signing your own name as "agent" or "attorney
712	708		in fact" in the following manner:
713	709		(Principal's Name) by (Your Signature) as Agent (or as
714	710		Attorney in Fact)
715	711		In addition, the Durable Power of Attorney Act (Subtitle P,
716	712		Title 2, Estates Code) requires you to:
717	713		(1) maintain records of each action taken or decision
718	714		made on behalf of the principal;
719	715		(2) maintain all records until delivered to the
720	716		principal, released by the principal, or discharged by a court; and
721	717		(3) if requested by the principal, provide an
722	718		accounting to the principal that, unless otherwise directed by the
723	719		principal or otherwise provided in the Special Instructions, must
724	720		include:
725	721		(A) the property belonging to the principal that
726	722		has come to your knowledge or into your possession;
727	723		(B) each action taken or decision made by you as
728	724		agent or attorney in fact;
729	725		(C) a complete account of receipts,
730	726		disbursements, and other actions of you as agent or attorney in fact
731	727		that includes the source and nature of each receipt, disbursement,
732	728		or action, with receipts of principal and income shown separately;
733	729		(D) a listing of all property over which you have
734	730		exercised control that includes an adequate description of each
735	731		asset and the asset's current value, if known to you;
736	732		(E) the cash balance on hand and the name and
737	733		location of the depository at which the cash balance is kept;
738	734		(F) each known liability;
739	735		(G) any other information and facts known to you
740	736		as necessary for a full and definite understanding of the exact
741	737		condition of the property belonging to the principal; and
742	738		(H) all documentation regarding the principal's
743	739		property.
744	740		Termination of Agent's Authority
745	741		You must stop acting on behalf of the principal if you learn
746	742		of any event that terminates this power of attorney or your
747	743		authority under this power of attorney. An event that terminates
748	744		this power of attorney or your authority to act under this power of
749	745		attorney includes:
750	746		(1) the principal's death;
751	747		(2) the principal's revocation of this power of
752	748		attorney or your authority;
753	749		(3) the occurrence of a termination event stated in
754	750		this power of attorney;
755	751		(4) if you are married to the principal, the
756	752		dissolution of your marriage by court decree of divorce or
757	753		annulment or declaration that your marriage is void, unless
758	754		otherwise provided in this power of attorney;
759	755		(5) the appointment and qualification of a permanent
760	756		guardian of the principal's estate; or
761	757		(6) if ordered by a court, the suspension of this power
762	758		of attorney on the appointment and qualification of a temporary
763	759		guardian until the date the term of the temporary guardian expires.
764	760		Liability of Agent
765	761		The authority granted to you under this power of attorney is
766	762		specified in the Durable Power of Attorney Act (Subtitle P, Title 2,
767	763		Estates Code). If you violate the Durable Power of Attorney Act or
768	764		act beyond the authority granted, you may be liable for any damages
769	765		caused by the violation or subject to prosecution for
770	766		misapplication of property by a fiduciary under Chapter 32 of the
771	767		Texas Penal Code.
772	768		THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
773	769		THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
774	770		RESPONSIBILITIES OF AN AGENT.
775	771		SECTION 1.13. Subchapter B, Chapter 752, Estates Code, is
776	772		amended by adding Section 752.052 to read as follows:
777	773		Sec. 752.052. MODIFYING STATUTORY FORM TO GRANT SPECIFIC
778	774		AUTHORITY. The statutory durable power of attorney may be modified
779	775		to allow the principal to grant the agent the specific authority
780	776		described by Section 751.201 by including the following language:
781	777		"GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
782	778		My agent MAY NOT do any of the following specific acts for me
783	779		UNLESS I have INITIALED the specific authority listed below:
784	780		(CAUTION: Granting any of the following will give your agent the
785	781		authority to take actions that could significantly reduce your
786	782		property or change how your property is distributed at your death.
787	783		INITIAL ONLY the specific authority you WANT to give your agent. If
788	784		you DO NOT want to grant your agent one or more of the following
789	785		powers, you may also CROSS OUT such power.)
790	786		( ) Create, amend, revoke, or terminate an inter vivos
791	787		trust
792	788		( ) Make a gift, subject to the limitations of Section
793	789		751.202, the Durable Power of Attorney Act, and any special
794	790		instructions in this power of attorney
795	791		( ) Create or change rights of survivorship
796	792		( ) Create or change a beneficiary designation
797	793		( ) Authorize another person to exercise the authority
798	794		granted under this power of attorney".
799	795		SECTION 1.14. Section 752.102, Estates Code, is amended to
800	796		read as follows:
801	797		Sec. 752.102. REAL PROPERTY TRANSACTIONS. (a) The language
802	798		conferring authority with respect to real property transactions in
803	799		a statutory durable power of attorney empowers the attorney in fact
804	800		or agent, without further reference to a specific description of
805	801		the real property, to:
806	802		(1) accept as a gift or as security for a loan or
807	803		reject, demand, buy, lease, receive, or otherwise acquire an
808	804		interest in real property or a right incident to real property;
809	805		(2) sell, exchange, convey with or without covenants,
810	806		quitclaim, release, surrender, mortgage, encumber, partition or
811	807		consent to partitioning, subdivide, apply for zoning, rezoning, or
812	808		other governmental permits, plat or consent to platting, develop,
813	809		grant options concerning, lease or sublet, or otherwise dispose of
814	810		an estate or interest in real property or a right incident to real
815	811		property;
816	812		(3) release, assign, satisfy, and enforce by
817	813		litigation, action, or otherwise a mortgage, deed of trust,
818	814		encumbrance, lien, or other claim to real property that exists or is
819	815		claimed to exist;
820	816		(4) perform any act of management or of conservation
821	817		with respect to an interest in real property, or a right incident to
822	818		real property, owned or claimed to be owned by the principal,
823	819		including the authority to:
824	820		(A) insure against a casualty, liability, or
825	821		loss;
826	822		(B) obtain or regain possession or protect the
827	823		interest or right by litigation, action, or otherwise;
828	824		(C) pay, compromise, or contest taxes or
829	825		assessments or apply for and receive refunds in connection with the
830	826		taxes or assessments;
831	827		(D) purchase supplies, hire assistance or labor,
832	828		or make repairs or alterations to the real property; and
833	829		(E) manage and supervise an interest in real
834	830		property, including the mineral estate[, by, for example:
835	831		[(i) entering into a lease for oil, gas, and
836	832		mineral purposes;
837	833		[(ii) making contracts for development of
838	834		the mineral estate; or
839	835		[(iii) making pooling and unitization
840	836		agreements];
841	837		(5) use, develop, alter, replace, remove, erect, or
842	838		install structures or other improvements on real property in which
843	839		the principal has or claims to have an estate, interest, or right;
844	840		(6) participate in a reorganization with respect to
845	841		real property or a legal entity that owns an interest in or right
846	842		incident to real property, receive and hold shares of stock or
847	843		obligations received in a plan or reorganization, and act with
848	844		respect to the shares or obligations, including:
849	845		(A) selling or otherwise disposing of the shares
850	846		or obligations;
851	847		(B) exercising or selling an option, conversion,
852	848		or similar right with respect to the shares or obligations; and
853	849		(C) voting the shares or obligations in person or
854	850		by proxy;
855	851		(7) change the form of title of an interest in or right
856	852		incident to real property; [and]
857	853		(8) dedicate easements or other real property in which
858	854		the principal has or claims to have an interest to public use, with
859	855		or without consideration;
860	856		(9) enter into mineral transactions, including:
861	857		(A) negotiating and making oil, gas, and other
862	858		mineral leases covering any land, mineral, or royalty interest in
863	859		which the principal has or claims to have an interest;
864	860		(B) pooling and unitizing all or part of the
865	861		principal's land, mineral leasehold, mineral, royalty, or other
866	862		interest with land, mineral leasehold, mineral, royalty, or other
867	863		interest of one or more persons for the purpose of developing and
868	864		producing oil, gas, or other minerals, and making leases or
869	865		assignments granting the right to pool and unitize;
870	866		(C) entering into contracts and agreements
871	867		concerning the installation and operation of plants or other
872	868		facilities for the cycling, repressuring, processing, or other
873	869		treating or handling of oil, gas, or other minerals;
874	870		(D) conducting or contracting for the conducting
875	871		of seismic evaluation operations;
876	872		(E) drilling or contracting for the drilling of
877	873		wells for oil, gas, or other minerals;
878	874		(F) contracting for and making "dry hole" and
879	875		"bottom hole" contributions of cash, leasehold interests, or other
880	876		interests toward the drilling of wells;
881	877		(G) using or contracting for the use of any
882	878		method of secondary or tertiary recovery of any mineral, including
883	879		the injection of water, gas, air, or other substances;
884	880		(H) purchasing oil, gas, or other mineral leases,
885	881		leasehold interests, or other interests for any type of
886	882		consideration, including farmout agreements requiring the drilling
887	883		or reworking of wells or participation therein;
888	884		(I) entering into farmout agreements committing
889	885		the principal to assign oil, gas, or other mineral leases or
890	886		interests in consideration for the drilling of wells or other oil,
891	887		gas, or mineral operations;
892	888		(J) negotiating the transfer of and transferring
893	889		oil, gas, or other mineral leases or interests for any
894	890		consideration, such as retained overriding royalty interests of any
895	891		nature, drilling or reworking commitments, or production
896	892		interests; and
897	893		(K) executing and entering into contracts,
898	894		conveyances, and other agreements or transfers considered
899	895		necessary or desirable to carry out the powers granted in this
900	896		section, regardless of whether the action is now or subsequently
901	897		recognized or considered as a common or proper practice by those
902	898		engaged in the business of prospecting for, developing, producing,
903	899		processing, transporting, or marketing minerals, including
904	900		entering into and executing division orders, oil, gas, or other
905	901		mineral sales contracts, exploration agreements, processing
906	902		agreements, and other contracts relating to the processing,
907	903		handling, treating, transporting, and marketing of oil, gas, or
908	904		other mineral production from or accruing to the principal and
909	905		receiving and receipting for the proceeds thereof on behalf of the
910	906		principal; and
911	907		(10) designate the property that constitutes the
912	908		principal's homestead.
913	909		(b) The power to mortgage and encumber real property
914	910		provided by this section includes the power to execute documents
915	911		necessary to create a lien against the principal's homestead as
916	912		provided by Section 50, Article XVI, Texas Constitution, and to
917	913		consent to the creation of a lien against property owned by the
918	914		principal's spouse in which the principal has a homestead interest.
919	915		SECTION 1.15. Section 752.108(b), Estates Code, is amended
920	916		to read as follows:
921	917		(b) Unless the principal has expressly granted the
922	918		authority to create or change a beneficiary designation under
923	919		Section 751.201(a)(4), an [An] attorney in fact or agent may be
924	920		named a beneficiary of an insurance contract or an extension,
925	921		renewal, or substitute for the contract only to the extent the
926	922		attorney in fact or agent was named as a beneficiary under a
927	923		contract procured by the principal before executing the power of
928	924		attorney.
929	925		SECTION 1.16. Sections 752.109 and 752.111, Estates Code,
930	926		are amended to read as follows:
931	927		Sec. 752.109. ESTATE, TRUST, AND OTHER BENEFICIARY
932	928		TRANSACTIONS. The language conferring authority with respect to
933	929		estate, trust, and other beneficiary transactions in a statutory
934	930		durable power of attorney empowers the attorney in fact or agent to
935	931		act for the principal in all matters that affect a trust, probate
936	932		estate, guardianship, conservatorship, life estate, escrow,
937	933		custodianship, or other fund from which the principal is, may
938	934		become, or claims to be entitled, as a beneficiary, to a share or
939	935		payment, including to:
940	936		(1) accept, reject, disclaim, receive, receipt for,
941	937		sell, assign, release, pledge, exchange, or consent to a reduction
942	938		in or modification of a share in or payment from the fund;
943	939		(2) demand or obtain by litigation, action, or
944	940		otherwise money or any other thing of value to which the principal
945	941		is, may become, or claims to be entitled because of the fund;
946	942		(3) initiate, participate in, or oppose a legal or
947	943		judicial proceeding to:
948	944		(A) ascertain the meaning, validity, or effect of
949	945		a deed, will, declaration of trust, or other instrument or
950	946		transaction affecting the interest of the principal; or
951	947		(B) remove, substitute, or surcharge a
952	948		fiduciary;
953	949		(4) conserve, invest, disburse, or use anything
954	950		received for an authorized purpose; and
955	951		(5) transfer all or part of the principal's interest in
956	952		real property, stocks, bonds, accounts with financial
957	953		institutions, insurance, and other property to the trustee of a
958	954		revocable trust created by the principal as settlor.
959	955		Sec. 752.111. PERSONAL AND FAMILY MAINTENANCE. The
960	956		language conferring authority with respect to personal and family
961	957		maintenance in a statutory durable power of attorney empowers the
962	958		attorney in fact or agent to:
963	959		(1) perform the acts necessary to maintain the
964	960		customary standard of living of the principal, the principal's
965	961		spouse and children, and other individuals customarily or legally
966	962		entitled to be supported by the principal, including:
967	963		(A) providing living quarters by purchase,
968	964		lease, or other contract; or
969	965		(B) paying the operating costs, including
970	966		interest, amortization payments, repairs, and taxes on premises
971	967		owned by the principal and occupied by those individuals;
972	968		(2) provide for the individuals described by
973	969		Subdivision (1):
974	970		(A) normal domestic help;
975	971		(B) usual vacations and travel expenses; and
976	972		(C) money for shelter, clothing, food,
977	973		appropriate education, and other living costs;
978	974		(3) pay necessary medical, dental, and surgical care,
979	975		hospitalization, and custodial care for the individuals described
980	976		by Subdivision (1);
981	977		(4) continue any provision made by the principal for
982	978		the individuals described by Subdivision (1) for automobiles or
983	979		other means of transportation, including registering, licensing,
984	980		insuring, and replacing the automobiles or other means of
985	981		transportation;
986	982		(5) maintain or open charge accounts for the
987	983		convenience of the individuals described by Subdivision (1) and
988	984		open new accounts the attorney in fact or agent considers desirable
989	985		to accomplish a lawful purpose; [and]
990	986		(6) continue:
991	987		(A) payments incidental to the membership or
992	988		affiliation of the principal in a church, club, society, order, or
993	989		other organization; or
994	990		(B) contributions to those organizations; and
995	991		(7) subject to the needs of the individuals described
996	992		by Subdivision (1), provide for the reasonable care of the
997	993		principal's pets.
998	994		SECTION 1.17. Sections 752.113(b) and (c), Estates Code,
999	995		are amended to read as follows:
1000	996		(b) The language conferring authority with respect to
1001	997		retirement plan transactions in a statutory durable power of
1002	998		attorney empowers the attorney in fact or agent to perform any
1003	999		lawful act the principal may perform with respect to a transaction
1004	1000		relating to a retirement plan, including to:
1005	1001		(1) apply for service or disability retirement
1006	1002		benefits;
1007	1003		(2) select payment options under any retirement plan
1008	1004		in which the principal participates, including plans for
1009	1005		self-employed individuals;
1010	1006		(3) designate or change the designation of a
1011	1007		beneficiary or benefits payable by a retirement plan, except as
1012	1008		provided by Subsection (c);
1013	1009		(4) make voluntary contributions to retirement plans
1014	1010		if authorized by the plan;
1015	1011		(5) exercise the investment powers available under any
1016	1012		self-directed retirement plan;
1017	1013		(6) make rollovers of plan benefits into other
1018	1014		retirement plans;
1019	1015		(7) borrow from, sell assets to, and purchase assets
1020	1016		from retirement plans if authorized by the plan;
1021	1017		(8) waive the principal's right to be a beneficiary of
1022	1018		a joint or survivor annuity if the principal is not the participant
1023	1019		in the retirement plan providing those payments [a spouse who is not
1024	1020		employed];
1025	1021		(9) receive, endorse, and cash payments from a
1026	1022		retirement plan;
1027	1023		(10) waive the principal's right to receive all or a
1028	1024		portion of benefits payable by a retirement plan; and
1029	1025		(11) request and receive information relating to the
1030	1026		principal from retirement plan records.
1031	1027		(c) Unless the principal has expressly granted the
1032	1028		authority to create or change a beneficiary designation under
1033	1029		Section 751.201(a)(4), an [An] attorney in fact or agent may be
1034	1030		named a beneficiary under a retirement plan only to the extent the
1035	1031		attorney in fact or agent was a named beneficiary under the
1036	1032		retirement plan, or in the case of a rollover or trustee-to-trustee
1037	1033		transfer, the predecessor retirement plan, before the durable power
1038	1034		of attorney was executed.
1039	1035		SECTION 1.18. The changes in law made by this Act to
1040	1036		Subchapters B, C, and D, Chapter 751, Estates Code, and by
1041	1037		Subchapters B-1 and E, Chapter 751, Estates Code, as added by this
1042	1038		Act, apply to a durable power of attorney, including a statutory
1043	1039		durable power of attorney, executed on or after the effective date
1044	1040		of this Act. A durable power of attorney, including a statutory
1045	1041		durable power of attorney, executed before the effective date of
1046	1042		this Act is governed by the law as it existed on the date the durable
1047	1043		power of attorney was executed, and the former law is continued in
1048	1044		effect for that purpose.
1049	1045		SECTION 1.19. (a) Except as otherwise provided by this Act,
1050	1046		this Act applies to:
1051	1047		(1) a durable power of attorney created before, on, or
1052	1048		after the effective date of this Act;
1053	1049		(2) a judicial proceeding concerning a durable power
1054	1050		of attorney commenced on or after the effective date of this Act;
1055	1051		and
1056	1052		(3) a judicial proceeding concerning a durable power
1057	1053		of attorney commenced before the effective date of this Act that is
1058	1054		pending.
1059	1055		(b) If the court finds that application of a provision of
1060	1056		this Act would substantially interfere with the effective conduct
1061	1057		of a judicial proceeding concerning a durable power of attorney
1062	1058		commenced before the effective date of this Act or would prejudice
1063	1059		the rights of a party to the proceeding, the provision of this Act
1064	1060		does not apply and the former law applies in those circumstances.
1065	1061		(c) An act performed before the effective date of this Act
1066	1062		is not affected by this Act.
1067	1063		(d) Section 751.012, Estates Code, as added by this Act,
1068	1064		applies to a durable power of attorney executed on or after the
1069	1065		effective date of this Act.
1070	1066		SECTION 1.20. The following sections of Title 2, Estates
1071	1067		Code, are repealed:
1072	1068		(1) Section 751.004;
1073	1069		(2) Section 751.053;
1074	1070		(3) Section 751.054;
1075	1071		(4) Section 751.055;
1076	1072		(5) Section 751.056; and
1077	1073		ARTICLE 2. ADVANCE DIRECTIVES
1078	1074		SECTION 2.01. Section 166.003, Health and Safety Code, is
1079	1075		amended to read as follows:
1080	1076		Sec. 166.003. WITNESSES. In any circumstance in which this
1081	1077		chapter requires the execution of an advance directive or the
1082	1078		issuance of a nonwritten advance directive to be witnessed:
1083	1079		(1) each witness must be a competent adult; and
1084	1080		(2) at least one of the witnesses must be a person who
1085	1081		is not:
1086	1082		(A) a person designated by the declarant to make
1087	1083		a treatment decision;
1088	1084		(B) a person related to the declarant by blood or
1089	1085		marriage;
1090	1086		(C) a person entitled to any part of the
1091	1087		declarant's estate after the declarant's death under a will or
1092	1088		codicil executed by the declarant or by operation of law;
1093	1089		(D) the attending physician;
1094	1090		(E) an employee of the attending physician;
1095	1091		(F) an owner, operator, or employee of a health
1096	1092		care facility in which the declarant is a patient [if the employee
1097	1093		is providing direct patient care to the declarant or is an officer,
1098	1094		director, partner, or business office employee of the health care
1099	1095		facility or of any parent organization of the health care
1100	1096		facility]; or
1101	1097		(G) a person who, at the time the written advance
1102	1098		directive is executed or, if the directive is a nonwritten
1103	1099		directive issued under this chapter, at the time the nonwritten
1104	1100		directive is issued, has a claim against any part of the declarant's
1105	1101		estate after the declarant's death.
1106	1102		SECTION 2.02. Section 166.033, Health and Safety Code, is
1107	1103		amended to read as follows:
1108	1104		Sec. 166.033. FORM OF WRITTEN DIRECTIVE. A written
1109	1105		directive may be in the following form:
1110	1106		DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES
1111	1107		Instructions for completing this document:
1112	1108		This is an important legal document known as an Advance
1113	1109		Directive. It is designed to help you communicate your wishes about
1114	1110		medical treatment at some time in the future when you are unable to
1115	1111		make your wishes known because of illness or injury. These wishes
1116	1112		are usually based on personal values. In particular, you may want
1117	1113		to consider what burdens or hardships of treatment you would be
1118	1114		willing to accept for a particular amount of benefit obtained if you
1119	1115		were seriously ill.
1120	1116		You are encouraged to discuss your values and wishes with
1121	1117		your family or chosen spokesperson, as well as your physician. Your
1122	1118		physician, other health care provider, or medical institution may
1123	1119		provide you with various resources to assist you in completing your
1124	1120		advance directive. Brief definitions are listed below and may aid
1125	1121		you in your discussions and advance planning. Initial the
1126	1122		treatment choices that best reflect your personal preferences.
1127	1123		Provide a copy of your directive to your physician, usual hospital,
1128	1124		and family or spokesperson. Consider a periodic review of this
1129	1125		document. By periodic review, you can best assure that the
1130	1126		directive reflects your preferences.
1131	1127		In addition to this advance directive, Texas law provides for
1132	1128		two other types of directives that can be important during a serious
1133	1129		illness. These are the Medical Power of Attorney and the
1134	1130		Out-of-Hospital Do-Not-Resuscitate Order. You may wish to discuss
1135	1131		these with your physician, family, hospital representative, or
1136	1132		other advisers. You may also wish to complete a directive related
1137	1133		to the donation of organs and tissues.
1138	1134		DIRECTIVE
1139	1135		I, __________, recognize that the best health care is based
1140	1136		upon a partnership of trust and communication with my physician. My
1141	1137		physician and I will make health care decisions together as long as
1142	1138		I am of sound mind and able to make my wishes known. If there comes
1143	1139		a time that I am unable to make medical decisions about myself
1144	1140		because of illness or injury, I direct that the following treatment
1145	1141		preferences be honored:
1146	1142		If, in the judgment of my physician, I am suffering with a
1147	1143		terminal condition from which I am expected to die within six
1148	1144		months, even with available life-sustaining treatment provided in
1149	1145		accordance with prevailing standards of medical care:
1150	1146		__________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR
1151	1147		__________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR
1152	1148		__________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) __________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
1153	1149		__________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
1154	1150		If, in the judgment of my physician, I am suffering with an
1155	1151		irreversible condition so that I cannot care for myself or make
1156	1152		decisions for myself and am expected to die without life-sustaining
1157	1153		treatment provided in accordance with prevailing standards of care:
1158	1154		__________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR __________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR
1159	1155		__________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR
1160	1156		__________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.) __________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
1161	1157		__________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
1162	1158		Additional requests: (After discussion with your physician,
1163	1159		you may wish to consider listing particular treatments in this
1164	1160		space that you do or do not want in specific circumstances, such as
1165	1161		artificial nutrition and fluids, intravenous antibiotics, etc. Be
1166	1162		sure to state whether you do or do not want the particular
1167	1163		treatment.)
1168	1164		________________________________________________________________ ________________________________________________________________
1169	1165		________________________________________________________________
1170	1166		________________________________________________________________ ________________________________________________________________
1171	1167		________________________________________________________________
1172	1168		________________________________________________________________ ________________________________________________________________
1173	1169		________________________________________________________________
1174	1170		After signing this directive, if my representative or I elect
1175	1171		hospice care, I understand and agree that only those treatments
1176	1172		needed to keep me comfortable would be provided and I would not be
1177	1173		given available life-sustaining treatments.
1178	1174		If I do not have a Medical Power of Attorney, and I am unable
1179	1175		to make my wishes known, I designate the following person(s) to make
1180	1176		treatment decisions with my physician compatible with my personal
1181	1177		values:
1182	1178		1. __________ 1. __________
1183	1179		1. __________
1184	1180		2. __________ 2. __________
1185	1181		2. __________
1186	1182		(If a Medical Power of Attorney has been executed, then an
1187	1183		agent already has been named and you should not list additional
1188	1184		names in this document.)
1189	1185		If the above persons are not available, or if I have not
1190	1186		designated a spokesperson, I understand that a spokesperson will be
1191	1187		chosen for me following standards specified in the laws of Texas.
1192	1188		If, in the judgment of my physician, my death is imminent within
1193	1189		minutes to hours, even with the use of all available medical
1194	1190		treatment provided within the prevailing standard of care, I
1195	1191		acknowledge that all treatments may be withheld or removed except
1196	1192		those needed to maintain my comfort. I understand that under Texas
1197	1193		law this directive has no effect if I have been diagnosed as
1198	1194		pregnant. This directive will remain in effect until I revoke it.
1199	1195		No other person may do so.
1200	1196		Signed__________ Date__________ City, County, State of
1201	1197		Residence __________
1202	1198		Either a notary public or two [Two] competent adult witnesses
1203	1199		must sign below, acknowledging the signature of the declarant. If
1204	1200		this instrument is acknowledged before two witnesses, the [The]
1205	1201		witness designated as Witness 1 may not be a person designated to
1206	1202		make a treatment decision for the patient and may not be related to
1207	1203		the patient by blood or marriage. This witness may not be entitled
1208	1204		to any part of the estate and may not have a claim against the estate
1209	1205		of the patient. This witness may not be the attending physician or
1210	1206		an employee of the attending physician. [If this witness is an
1211	1207		employee of a health care facility in which the patient is being
1212	1208		cared for, this witness may not be involved in providing direct
1213	1209		patient care to the patient.] This witness may not be an owner,
1214	1210		operator, [officer, director, partner,] or [business office]
1215	1211		employee of a health care facility in which you as the declarant are
1216	1212		a [the] patient [is being cared for or of any parent organization of
1217	1213		the health care facility].
1218	1214		SIGNATURE ACKNOWLEDGED BEFORE NOTARY
1219	1215		State of Texas
1220	1216		County of__________________
1221	1217		This instrument was acknowledged before me on _________________
1222	1218		(date) by _____________________ (name of person acknowledging).
1223	1219		____________________
1224	1220		NOTARY PUBLIC, State of
1225	1221		Texas
1226	1222		Notary's printed name:
1227	1223		____________________
1228	1224		My commission expires:
1229	1225		____________________
1230	1226		OR
1231	1227		SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
1232	1228		Witness 1 __________ Witness 2 __________
1233	1229		Definitions:
1234	1230		"Artificial nutrition and hydration" means the provision of
1235	1231		nutrients or fluids by a tube inserted in a vein, under the skin in
1236	1232		the subcutaneous tissues, or in the stomach (gastrointestinal
1237	1233		tract).
1238	1234		"Irreversible condition" means a condition, injury, or
1239	1235		illness:
1240	1236		(1) that may be treated, but is never cured or
1241	1237		eliminated;
1242	1238		(2) that leaves a person unable to care for or make
1243	1239		decisions for the person's own self; and
1244	1240		(3) that, without life-sustaining treatment provided
1245	1241		in accordance with the prevailing standard of medical care, is
1246	1242		fatal.
1247	1243		Explanation: Many serious illnesses such as cancer, failure
1248	1244		of major organs (kidney, heart, liver, or lung), and serious brain
1249	1245		disease such as Alzheimer's dementia may be considered irreversible
1250	1246		early on. There is no cure, but the patient may be kept alive for
1251	1247		prolonged periods of time if the patient receives life-sustaining
1252	1248		treatments. Late in the course of the same illness, the disease may
1253	1249		be considered terminal when, even with treatment, the patient is
1254	1250		expected to die. You may wish to consider which burdens of
1255	1251		treatment you would be willing to accept in an effort to achieve a
1256	1252		particular outcome. This is a very personal decision that you may
1257	1253		wish to discuss with your physician, family, or other important
1258	1254		persons in your life.
1259	1255		"Life-sustaining treatment" means treatment that, based on
1260	1256		reasonable medical judgment, sustains the life of a patient and
1261	1257		without which the patient will die. The term includes both
1262	1258		life-sustaining medications and artificial life support such as
1263	1259		mechanical breathing machines, kidney dialysis treatment, and
1264	1260		artificial hydration and nutrition. The term does not include the
1265	1261		administration of pain management medication, the performance of a
1266	1262		medical procedure necessary to provide comfort care, or any other
1267	1263		medical care provided to alleviate a patient's pain.
1268	1264		"Terminal condition" means an incurable condition caused by
1269	1265		injury, disease, or illness that according to reasonable medical
1270	1266		judgment will produce death within six months, even with available
1271	1267		life-sustaining treatment provided in accordance with the
1272	1268		prevailing standard of medical care.
1273	1269		Explanation: Many serious illnesses may be considered
1274	1270		irreversible early in the course of the illness, but they may not be
1275	1271		considered terminal until the disease is fairly advanced. In
1276	1272		thinking about terminal illness and its treatment, you again may
1277	1273		wish to consider the relative benefits and burdens of treatment and
1278	1274		discuss your wishes with your physician, family, or other important
1279	1275		persons in your life.
1280	1276		SECTION 2.03. Sections 166.152(b) and (g), Health and
1281	1277		Safety Code, are amended to read as follows:
1282	1278		(b) An agent may exercise authority only when, in the
1283	1279		opinion of the principal's attending physician, the principal is
1284	1280		incompetent or unable to make and communicate a choice about a
1285	1281		specific health care decision [if the principal's attending
1286	1282		physician certifies in writing and files the certification in the
1287	1283		principal's medical record that, based on the attending physician's
1288	1284		reasonable medical judgment, the principal is incompetent].
1289	1285		(g) The power of attorney is effective indefinitely on
1290	1286		execution as provided by this subchapter and delivery of the
1291	1287		document to the agent, unless it is revoked as provided by this
1292	1288		subchapter [or the principal becomes competent]. If the medical
1293	1289		power of attorney includes an expiration date and on that date the
1294	1290		principal is incompetent or unable to make and communicate a health
1295	1291		care decision, the power of attorney continues to be effective
1296	1292		until the principal becomes competent and capable of making and
1297	1293		communicating a health care decision, unless it is revoked as
1298	1294		provided by this subchapter.
1299	1295		SECTION 2.04. Section 166.155, Health and Safety Code, is
1300	1296		amended to read as follows:
1301	1297		Sec. 166.155. REVOCATION; EFFECT OF TERMINATION OF
1302	1298		MARRIAGE. (a) A medical power of attorney is revoked by:
1303	1299		(1) oral or written notification at any time by the
1304	1300		principal to the agent or a licensed or certified health or
1305	1301		residential care provider or by any other act evidencing a specific
1306	1302		intent to revoke the power, without regard to whether the principal
1307	1303		is competent or the principal's mental state; or
1308	1304		(2) execution by the principal of a subsequent medical
1309	1305		power of attorney. [; or]
1310	1306		(b) An agent's authority under a medical power of attorney
1311	1307		terminates if the agent's marriage to [(3) the divorce of] the
1312	1308		principal is dissolved, annulled, or declared void [and spouse, if
1313	1309		the spouse is the principal's agent,] unless the medical power of
1314	1310		attorney specifically provides otherwise. The authority of other
1315	1311		agents under the medical power of attorney is not terminated.
1316	1312		(c) [(b)] A principal's licensed or certified health or
1317	1313		residential care provider who is informed of or provided with a
1318	1314		revocation of a medical power of attorney or is informed of the
1319	1315		termination of an agent's authority under Subsection (b) shall
1320	1316		immediately record the revocation or termination in the principal's
1321	1317		medical record and give notice of the revocation or termination to
1322	1318		the agent and any known health and residential care providers
1323	1319		currently responsible for the principal's care.
1324	1320		SECTION 2.05. Subchapter D, Chapter 166, Health and Safety
1325	1321		Code, is amended by adding Section 166.1625 to read as follows:
1326	1322		Sec. 166.1625. PERMISSIBLE FORMS OF MEDICAL POWER OF
1327	1323		ATTORNEY. (a) A medical power of attorney may be in the form
1328	1324		described by Section 166.164 or may be in another form that meets
1329	1325		the requirements of this subchapter or that is authorized under
1330	1326		Section 166.005. An example alternative form is the health care
1331	1327		power of attorney form produced by the Commission on Law and Aging,
1332	1328		American Bar Association, which may be accessible on the American
1333	1329		Bar Association's Internet website.
1334	1330		(b) A durable power of attorney or similar document executed
1335	1331		by a veteran of the United States armed forces that is in compliance
1336	1332		with the advance directive requirements of the United States
1337	1333		Department of Veterans Affairs is valid and enforceable in this
1338	1334		state. This subsection does not authorize the administration,
1339	1335		withholding, or withdrawal of health care otherwise prohibited by
1340	1336		the laws of this state.
1341	1337		SECTION 2.06. Section 166.164, Health and Safety Code, is
1342	1338		amended to read as follows:
1343	1339		Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. The
1344	1340		medical power of attorney may [must] be in [substantially] the
1345	1341		following form:
1346	1342		MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
1347	1343		I, __________ (insert your name) appoint:
1348	1344		Name:___________________________________________________________
1349	1345		Address:________________________________________________________
1350	1346		Phone___________________________________________________________
1351	1347		as my agent to make any and all health care decisions for me,
1352	1348		except to the extent I state otherwise in this document. This
1353	1349		medical power of attorney is effective only when, in the opinion of
1354	1350		my attending physician, I am incompetent or I am unable to make and
1355	1351		communicate a choice about a particular health care decision [takes
1356	1352		effect if I become unable to make my own health care decisions and
1357	1353		this fact is certified in writing by my physician].
1358	1354		LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
1359	1355		AS FOLLOWS:_____________________________________________________
1360	1356		________________________________________________________________
1361	1357		DESIGNATION OF ALTERNATE AGENT.
1362	1358		(You are not required to designate an alternate agent but you
1363	1359		may do so. An alternate agent may make the same health care
1364	1360		decisions as the designated agent if the designated agent is unable
1365	1361		or unwilling to act as your agent. If the agent designated is your
1366	1362		spouse, the designation of that spouse is automatically terminated
1367	1363		[revoked] by law if your marriage is dissolved, annulled, or
1368	1364		declared void unless this document provides otherwise, but the
1369	1365		remainder of this document is valid and the authority of other
1370	1366		agents under the document is not terminated.)
1371	1367		If the person designated as my agent is unable or unwilling to
1372	1368		make health care decisions for me, I designate the following
1373	1369		persons to serve as my agent to make health care decisions for me as
1374	1370		authorized by this document, who serve in the following order:
1375	1371		A. First Alternate Agent
1376	1372		Name:________________________________________________
1377	1373		Address:_____________________________________________
1378	1374		Phone __________________________________________
1379	1375		B. Second Alternate Agent
1380	1376		Name:________________________________________________
1381	1377		Address:_____________________________________________
1382	1378		Phone __________________________________________
1383	1379		I intend to keep the [The] original of this document [is
1384	1380		kept] at:
1385	1381		_____________________________________________________
1386	1382		_____________________________________________________
1387	1383		_____________________________________________________
1388	1384		I intend for the [The] following individuals or
1389	1385		institutions to have signed copies:
1390	1386		Name:________________________________________________
1391	1387		Address:_____________________________________________
1392	1388		_____________________________________________________
1393	1389		Name:________________________________________________
1394	1390		Address:_____________________________________________
1395	1391		_____________________________________________________
1396	1392		DURATION.
1397	1393		I understand that this power of attorney exists indefinitely
1398	1394		from the date I execute this document unless I establish a shorter
1399	1395		time or revoke the power of attorney.
1400	1396		(IF A SPECIFIC TERMINATION DATE IS SELECTED) This power of
1401	1397		attorney ends on the following date: _________.
1402	1398		If I am incompetent or unable to make and communicate health
1403	1399		care decisions for myself when this power of attorney expires, the
1404	1400		authority I have granted my agent continues to exist until the time
1405	1401		I become able to make and communicate health care decisions for
1406	1402		myself.
1407	1403		[(IF APPLICABLE) This power of attorney ends on the
1408	1404		following date: __________]
1409	1405		PRIOR DESIGNATIONS REVOKED.
1410	1406		I revoke any prior medical power of attorney.
1411	1407		INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY
1412	1408		The medical power of attorney is an important legal document.
1413	1409		Before signing this document, you should know these important
1414	1410		facts:
1415	1411		Except to the extent you state otherwise or as provided by
1416	1412		Texas law, this document gives the person you name as your agent the
1417	1413		authority to make any and all health care decisions for you in
1418	1414		accordance with your wishes, including your religious and moral
1419	1415		beliefs, when you are no longer capable of making them yourself.
1420	1416		Because "health care" means any treatment, service, or
1421	1417		procedure to maintain, diagnose, or treat your physical or mental
1422	1418		condition, your agent has the power to make a broad range of health
1423	1419		care decisions for you. Your agent may consent, refuse to consent,
1424	1420		or withdraw consent to medical treatment and may make decisions
1425	1421		about withdrawing or withholding life-sustaining treatment. Your
1426	1422		agent may not consent to voluntary inpatient mental health
1427	1423		services, convulsive treatment, psychosurgery, or abortion.
1428	1424		A physician must comply with your agent's instructions or
1429	1425		allow you to be transferred to another physician.
1430	1426		Your agent's authority is effective when, in your doctor's
1431	1427		opinion, you are incompetent or you are unable to make and
1432	1428		communicate a choice about a particular health care decision.
1433	1429		Your agent is obligated to follow your instructions when
1434	1430		making decisions on your behalf. Unless you state otherwise, your
1435	1431		agent, when making decisions about your health care, has the same
1436	1432		authority to make those decisions as you would have if you were
1437	1433		competent or able to communicate.
1438	1434		It is important that you discuss your medical power of
1439	1435		attorney with your physician or other health care provider. Before
1440	1436		you sign any medical power of attorney, make sure that you
1441	1437		understand the nature and range of decisions that may be made on
1442	1438		your behalf. If you do not have a physician, you should talk with
1443	1439		someone else who is knowledgeable about these issues and can answer
1444	1440		your questions. You do not need a lawyer's assistance to complete
1445	1441		this document, but if there is anything in this document that you do
1446	1442		not understand, you should ask a lawyer to explain it to you.
1447	1443		The person you appoint as agent should be someone you know and
1448	1444		trust. The person must be 18 years of age or older or a person under
1449	1445		18 years of age who has had the disabilities of minority removed.
1450	1446		If you appoint your health or residential care provider (e.g., your
1451	1447		physician or an employee of a home health agency, hospital, nursing
1452	1448		home, or residential care home, other than a relative), that person
1453	1449		has to choose between acting as your agent or as your health or
1454	1450		residential care provider; the law does not permit a person to do
1455	1451		both at the same time.
1456	1452		You should inform the person you appoint that you want the
1457	1453		person to be your health care agent. You should discuss your
1458	1454		medical power of attorney with your agent and your physician and
1459	1455		give each a signed copy. You may indicate on the document itself
1460	1456		the people and institutions that you intend to have signed copies.
1461	1457		Your agent is not liable for health care decisions made in good
1462	1458		faith on your behalf.
1463	1459		After you have signed your medical power of attorney, you
1464	1460		retain the right to make health care decisions for yourself as long
1465	1461		as you are competent and can communicate your health care
1466	1462		decisions, and treatment cannot be given to you or stopped over your
1467	1463		objection. You have the right to revoke the authority granted to
1468	1464		your agent by informing your agent or your health or residential
1469	1465		care provider orally or in writing or by your execution of a
1470	1466		subsequent medical power of attorney. Unless you state otherwise
1471	1467		in the document, your appointment of a spouse terminates on
1472	1468		divorce.
1473	1469		A signed medical power of attorney may not be changed or
1474	1470		modified. If you want to make changes in a medical power of
1475	1471		attorney, you must execute a new medical power of attorney.
1476	1472		You may wish to designate an alternate agent in the event that
1477	1473		your agent is unwilling, unable, or ineligible to act as your agent.
1478	1474		Any alternate agent you designate has the same authority as the
1479	1475		agent to make health care decisions for you.
1480	1476		THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
1481	1477		(1) the person you have designated as your agent;
1482	1478		(2) a person related to you by blood or marriage;
1483	1479		(3) a person entitled to any part of your estate after
1484	1480		your death under a will or codicil executed by you or by operation
1485	1481		of law;
1486	1482		(4) your attending physician;
1487	1483		(5) an employee of your attending physician;
1488	1484		(6) an owner, operator, or employee of a health care
1489	1485		facility in which you are a patient; or
1490	1486		(7) a person who, at the time this medical power of
1491	1487		attorney is executed, has a claim against any part of your estate
1492	1488		after your death.
1493	1489		[ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.
1494	1490		[I have been provided with a disclosure statement explaining
1495	1491		the effect of this document. I have read and understand that
1496	1492		information contained in the disclosure statement.]
1497	1493		(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
1498	1494		IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
1499	1495		YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
1500	1496		SIGNATURE ACKNOWLEDGED BEFORE NOTARY
1501	1497		I sign my name to this medical power of attorney on __________
1502	1498		day of __________ (month, year) at
1503	1499		_____________________________________________
1504	1500		(City and State)
1505	1501		_____________________________________________
1506	1502		(Signature)
1507	1503		_____________________________________________
1508	1504		(Print Name)
1509	1505		State of Texas
1510	1506		County of ________
1511	1507		This instrument was acknowledged before me on __________ (date) by
1512	1508		________________ (name of person acknowledging).
1513	1509		_____________________________
1514	1510		NOTARY PUBLIC, State of Texas
1515	1511		Notary's printed name:
1516	1512		_____________________________
1517	1513		My commission expires:
1518	1514		_____________________________
1519	1515		OR
1520	1516		SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
1521	1517		I sign my name to this medical power of attorney on __________
1522	1518		day of __________ (month, year) at
1523	1519		_____________________________________________
1524	1520		(City and State)
1525	1521		_____________________________________________
1526	1522		(Signature)
1527	1523		_____________________________________________
1528	1524		(Print Name)
1529	1525		STATEMENT OF FIRST WITNESS.
1530	1526		I am not the person appointed as agent by this document. I am
1531	1527		not related to the principal by blood or marriage. I would not be
1532	1528		entitled to any portion of the principal's estate on the principal's
1533	1529		death. I am not the attending physician of the principal or an
1534	1530		employee of the attending physician. I have no claim against any
1535	1531		portion of the principal's estate on the principal's
1536	1532		death. [Furthermore, if] I am not an owner, operator, or employee
1537	1533		of a health care facility in which the principal is a patient[, I am
1538	1534		not involved in providing direct patient care to the principal and
1539	1535		am not an officer, director, partner, or business office employee
1540	1536		of the health care facility or of any parent organization of the
1541	1537		health care facility].
1542	1538		Signature:________________________________________________
1543	1539		Print Name:___________________________________ Date:______
1544	1540		Address:__________________________________________________
1545	1541		SIGNATURE OF SECOND WITNESS.
1546	1542		Signature:________________________________________________
1547	1543		Print Name:___________________________________ Date:______
1548	1544		Address:__________________________________________________
1549	1545		SECTION 2.07. Sections 166.162 and 166.163, Health and
1550	1546		Safety Code, are repealed.
1551	1547		SECTION 2.08. The changes in law made by this article apply
1552	1548		only to the validity of a document executed on or after the
1553	1549		effective date of this Act. The validity of a document executed
1554	1550		before the effective date of this Act is governed by the law in
1555	1551		effect on the date the document was executed, and that law continues
1556	1552		in effect for that purpose.
1557	1553		SECTION 2.09. (a) Except as otherwise provided in this
1558	1554		section, the changes in law made by this article to the Health and
1559	1555		Safety Code apply to:
1560		-	(1) a medical power of attorney created before, on, or
1561		-	after the effective date of this Act; and
	1556	+	(1) a medical power of attorney created on
	1557	+	or after the
	1558	+	effective date of this Act; and
1562	1559		(2) a judicial proceeding concerning a medical power
1563		-	of attorney that:
1564		-	(A) commences on or after the effective date of
1565		-	this Act; or
1566		-	(B) is pending on the effective date of this Act.
	1560	+	of attorney that commences on or after the effective date of this
	1561	+	Act.
1567	1562		(b) If the court finds that application of a provision of
1568	1563		this article would substantially interfere with the effective
1569	1564		conduct of a judicial proceeding concerning a medical power of
1570	1565		attorney that is pending on the effective date of this Act or
1571	1566		prejudice the rights of a party to the proceeding, the provision of
1572	1567		this article does not apply, and the law in effect immediately
1573	1568		before the effective date of this Act applies in those
1574	1569		circumstances.
1575	1570		ARTICLE 3. EFFECTIVE DATE
1576	1571		SECTION 3.01. This Act takes effect September 1, 2015.
1577	1572
1578	1573		__________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR
1579	1574
1580	1575		__________ I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
1581	1576
1582	1577		__________ I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; OR
1583	1578
1584	1579		__________ I request that I be kept alive in this irreversible condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
1585	1580
1586	1581		________________________________________________________________
1587	1582
1588	1583		________________________________________________________________
1589	1584
1590	1585		________________________________________________________________
1591	1586
1592	1587		1. __________
1593	1588
1594	1589		2. __________