By:  Thompson, S.                                      H.B. No. 671
       By____________________                               __B. No.______
       73R2420 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the adoption of the Durable Power of Attorney Act.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The Texas Probate Code is amended by adding
    1-5  Chapter XII to read as follows:
    1-6              CHAPTER XII.  DURABLE POWER OF ATTORNEY ACT
    1-7        Sec. 481.  SHORT TITLE.  This chapter may be cited as the
    1-8  Durable Power of Attorney Act.
    1-9        Sec. 482.  DEFINITION.  A "durable power of attorney" means a
   1-10  written instrument that:
   1-11              (1)  designates another person as attorney in fact or
   1-12  agent;
   1-13              (2)  is signed by an adult principal;
   1-14              (3)  contains the words "This power of attorney is not
   1-15  affected by subsequent disability or incapacity of the principal,"
   1-16  or "This power of attorney becomes effective on the disability or
   1-17  incapacity of the principal," or similar words showing the
   1-18  principal's intent that the authority conferred on the attorney in
   1-19  fact or agent shall be exercised notwithstanding the principal's
   1-20  subsequent disability or incapacity; and
   1-21              (4)  is acknowledged by the principal before an officer
   1-22  authorized to take acknowledgments to deeds of conveyance and to
   1-23  administer oaths under the laws of this state or any other state.
   1-24        Sec. 483.  DURATION.  A durable power of attorney does not
    2-1  lapse because of the passage of time unless the instrument creating
    2-2  the power of attorney specifically states a time limitation.
    2-3        Sec. 484.  EFFECT OF ACTS BY ATTORNEY IN FACT OR AGENT DURING
    2-4  INCAPACITY OF PRINCIPAL.  All acts done by an attorney in fact or
    2-5  agent pursuant to a durable power of attorney during any period of
    2-6  disability or incapacity of the principal have the same effect and
    2-7  inure to the benefit of and bind the principal and the principal's
    2-8  successors in interest as if the principal were not disabled or
    2-9  incapacitated.
   2-10        Sec. 485.  RELATION OF ATTORNEY IN FACT OR AGENT TO
   2-11  COURT-APPOINTED GUARDIAN OF ESTATE.  If, after execution of a
   2-12  durable power of attorney, a court of the principal's domicile
   2-13  appoints a guardian of the estate of the principal, the powers of
   2-14  the attorney in fact or agent terminate on the qualification of the
   2-15  guardian of the estate, and the attorney in fact or agent shall
   2-16  deliver to the guardian of the estate all assets of the estate of
   2-17  the ward in the attorney's or agent's possession and shall account
   2-18  to the guardian of the estate as the attorney or agent would to the
   2-19  principal had the principal terminated his powers.
   2-20        Sec. 486.  KNOWLEDGE OF DEATH, GUARDIAN OF ESTATE, OR
   2-21  REVOCATION; GOOD-FAITH ACTS.  The revocation by, the death of, or
   2-22  the qualification of a guardian of the estate of a principal who
   2-23  has executed a durable power of attorney does not revoke or
   2-24  terminate the agency as to the attorney in fact, agent, or other
   2-25  person who, without actual knowledge of the termination of the
   2-26  power by revocation, by the principal's death, or by the
   2-27  qualification of a guardian of the estate of the principal, acts in
    3-1  good faith under or in reliance on the power.  Any action so taken,
    3-2  unless otherwise invalid or unenforceable, binds successors in
    3-3  interest of the principal.
    3-4        Sec. 487.  AFFIDAVIT OF LACK OF KNOWLEDGE OR TERMINATION OF
    3-5  POWER; RECORDING.  (a)  As to acts undertaken in good-faith
    3-6  reliance on the durable power of attorney, an affidavit executed by
    3-7  the attorney in fact or agent under a durable power of attorney
    3-8  stating that the attorney in fact or agent did not have at the time
    3-9  of exercise of the power actual knowledge of the termination of the
   3-10  power by revocation, by the principal's death, or by the
   3-11  qualification of a guardian of the estate of the principal is
   3-12  conclusive proof as between the attorney in fact or agent and a
   3-13  person other than the principal or the principal's personal
   3-14  representative dealing with the attorney in fact or agent of the
   3-15  nonrevocation or nontermination of the power at that time.
   3-16        (b)  As to acts undertaken in good-faith reliance on the
   3-17  durable power of attorney, an affidavit executed by the attorney in
   3-18  fact or agent under a durable power of attorney stating that the
   3-19  principal is disabled or incapacitated, as defined by the power, is
   3-20  conclusive proof as between the attorney in fact or agent and a
   3-21  person other than the principal or the principal's personal
   3-22  representative dealing with the attorney in fact or agent of the
   3-23  disability or incapacity of the principal at that time.
   3-24        (c)  If the exercise of the power of attorney requires
   3-25  execution and delivery of any instrument that is to be recorded, an
   3-26  affidavit executed under Subsection (a) or (b) of this section,
   3-27  when authenticated for record, may also be recorded.
    4-1        (d)  This section does not affect any provision in a durable
    4-2  power of attorney for its termination by expiration of time or
    4-3  occurrence of an event other than express revocation.
    4-4        Sec. 488.  REVOCATION OF DURABLE POWER OF ATTORNEY.  A
    4-5  revocation of a durable power of attorney is not effective as to a
    4-6  third party relying on the power of attorney until the third party
    4-7  receives actual notice of the revocation.
    4-8        Sec. 489.  RECORDING DURABLE POWER OF ATTORNEY FOR REAL
    4-9  PROPERTY TRANSACTIONS.  A durable power of attorney for a real
   4-10  property transaction requiring the execution and delivery of an
   4-11  instrument that is to be recorded, including a release, assignment,
   4-12  satisfaction, mortgage, security agreement, deed of trust,
   4-13  encumbrance, deed of conveyance, oil, gas, or other mineral lease,
   4-14  memorandum of a lease, lien, or other claim or right to real
   4-15  property shall be recorded in the office of the county clerk of the
   4-16  county in which the property is located.
   4-17        Sec. 490.  STATUTORY DURABLE POWER OF ATTORNEY.  (a)  The
   4-18  following form is known as a "statutory durable power of attorney."
   4-19  A person may use a statutory durable power of attorney to grant an
   4-20  attorney in fact or agent powers with respect to a person's
   4-21  property and financial matters.  A power of attorney in
   4-22  substantially the following form has the meaning and effect
   4-23  prescribed by this chapter.  The validity of a power of attorney as
   4-24  meeting the requirements of a statutory durable power of attorney
   4-25  is not affected by the fact that one or more of the categories of
   4-26  optional powers listed in the form are struck or the form includes
   4-27  specific limitations on or additions to the attorney in fact's or
    5-1  agent's powers.
    5-2        When a power in substantially the form set forth in this
    5-3  chapter is used, third parties who rely in good faith on the acts
    5-4  of the agent within the scope of the power may do so without fear
    5-5  of liability to the principal.
    5-6        The following form is not exclusive, and other forms of power
    5-7  of attorney may be used.
    5-8                  STATUTORY DURABLE POWER OF ATTORNEY
    5-9  NOTICE:  THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
   5-10  SWEEPING.  THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT,
   5-11  CHAPTER XII, TEXAS PROBATE CODE.  IF YOU HAVE ANY QUESTIONS ABOUT
   5-12  THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE.  THIS DOCUMENT DOES
   5-13  NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE
   5-14  DECISIONS FOR YOU.  YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU
   5-15  LATER WISH TO DO SO.
   5-16        I,                         (insert your name and address),
   5-17  appoint                             (insert the name and address of
   5-18  the person appointed) as my agent (attorney-in-fact) to act for me
   5-19  in any lawful way with respect to the following initialed subjects:
   5-20        TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN
   5-21  FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS.
   5-22        TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING
   5-23  POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
   5-24        TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT.
   5-25  YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
   5-26  INITIAL
   5-27            (A)  real property transactions;
    6-1            (B)  tangible personal property transactions;
    6-2            (C)  stock and bond transactions;
    6-3            (D)  commodity and option transactions;
    6-4            (E)  banking and other financial institution
    6-5                 transactions;
    6-6            (F)  business operating transactions;
    6-7            (G)  insurance and annuity transactions;
    6-8            (H)  estate, trust, and other beneficiary transactions;
    6-9            (I)  claims and litigation;
   6-10            (J)  personal and family maintenance;
   6-11            (K)  benefits from social security, Medicare, Medicaid,
   6-12                 or other governmental programs or military service;
   6-13            (L)  retirement plan transactions;
   6-14            (M)  tax matters;
   6-15            (N)  ALL OF THE POWERS LISTED IN (A) THROUGH (M).  YOU
   6-16                 NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE
   6-17                 (N).
   6-18                         SPECIAL INSTRUCTIONS:
   6-19        ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
   6-20  LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
   6-21  ___________________________________________________________________
   6-22  ___________________________________________________________________
   6-23  ___________________________________________________________________
   6-24  ___________________________________________________________________
   6-25  ___________________________________________________________________
   6-26  ___________________________________________________________________
   6-27  ___________________________________________________________________
    7-1  ___________________________________________________________________
    7-2  ___________________________________________________________________
    7-3  ___________________________________________________________________
    7-4        UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
    7-5  EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
    7-6        CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
    7-7  ALTERNATIVE NOT CHOSEN:
    7-8              (A)  This power of attorney is not affected by my
    7-9                   subsequent disability or incapacity.
   7-10              (B)  This power of attorney becomes effective upon my
   7-11                   disability or incapacity.
   7-12        YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
   7-13  IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
   7-14        IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED
   7-15  THAT YOU CHOSE ALTERNATIVE (A).
   7-16        I agree that any third party who receives a copy of this
   7-17  document may act under it.  Revocation of the durable power of
   7-18  attorney is not effective as to a third party until the third party
   7-19  receives actual notice of the revocation.  I agree to indemnify the
   7-20  third party for any claims that arise against the third party
   7-21  because of reliance on this power of attorney.
   7-22        If any agent named by me dies, becomes legally disabled,
   7-23  resigns, or refuses to act, I name the following (each to act alone
   7-24  and successively, in the order named) as successor(s) to that
   7-25  agent:                                           .
   7-26        Signed this ____________ day of ______________________, 19___
   7-27                                   __________________________________
    8-1                                   (your signature)
    8-2  State of ____________________
    8-3  County of ___________________
    8-4  This document was acknowledged before me on
    8-5  _______________________ (date) by _________________________________
    8-6                                        (name of principal)
    8-7                                    _________________________________
    8-8                                    (signature of notarial officer)
    8-9  (Seal, if any, of
   8-10  notary)         _________________________________
   8-11                                    (printed name)
   8-12                                    My commission expires:  _________
   8-13        THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
   8-14  THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
   8-15  RESPONSIBILITIES OF AN AGENT.
   8-16        (b)  A statutory durable power of attorney is legally
   8-17  sufficient under this chapter if the wording of the form complies
   8-18  substantially with Subsection (a) of this section, the form is
   8-19  properly completed, and the signature of the principal is
   8-20  acknowledged.
   8-21        (c)  If the line in front of (N) of the form under Subsection
   8-22  (a) of this section is initialed, an initial on the line in front
   8-23  of any other power does not limit the powers granted by line (N).
   8-24        Sec. 491.  CONSTRUCTION OF POWERS GENERALLY.  The principal,
   8-25  by executing a statutory durable power of attorney that confers
   8-26  authority with respect to any class of transactions, empowers the
   8-27  attorney in fact or agent for that class of transactions to:
    9-1              (1)  demand, receive, and obtain by litigation, action,
    9-2  or otherwise any money or other thing of value to which the
    9-3  principal is, may become, or may claim to be entitled;
    9-4              (2)  conserve, invest, disburse, or use any money or
    9-5  other thing of value received on behalf of the principal for the
    9-6  purposes intended;
    9-7              (3)  contract in any manner with any person, on terms
    9-8  agreeable to the attorney in fact or agent, to accomplish a purpose
    9-9  of a transaction, and perform, rescind, reform, release, or modify
   9-10  the contract or another contract made by or on behalf of the
   9-11  principal;
   9-12              (4)  execute, acknowledge, seal, and deliver a deed,
   9-13  revocation, mortgage, lease, notice, check, release, or other
   9-14  instrument the agent considers desirable to accomplish a purpose of
   9-15  a transaction;
   9-16              (5)  prosecute, defend, submit to arbitration, settle,
   9-17  and propose or accept a compromise with respect to a claim existing
   9-18  in favor of or against the principal or intervene in an action or
   9-19  litigation relating to the claim;
   9-20              (6)  seek on the principal's behalf the assistance of a
   9-21  court to carry out an act authorized by the power of attorney;
   9-22              (7)  engage, compensate, and discharge an attorney,
   9-23  accountant, expert witness, or other assistant;
   9-24              (8)  keep appropriate records of each transaction,
   9-25  including an accounting of receipts and disbursements;
   9-26              (9)  prepare, execute, and file a record, report, or
   9-27  other document the attorney in fact or agent considers necessary or
   10-1  desirable to safeguard or promote the principal's interest under a
   10-2  statute or governmental regulation;
   10-3              (10)  reimburse the attorney in fact or agent for
   10-4  expenditures made in exercising the powers granted by the durable
   10-5  power of attorney; and
   10-6              (11)  in general, do any other lawful act that the
   10-7  principal may do with respect to a transaction.
   10-8        Sec. 492.  CONSTRUCTION OF POWER RELATING TO REAL PROPERTY
   10-9  TRANSACTIONS.  In a statutory durable power of attorney, the
  10-10  language conferring authority with respect to real property
  10-11  transactions empowers the attorney in fact or agent to:
  10-12              (1)  accept as a gift or as security for a loan or
  10-13  reject, demand, buy, lease, receive, or otherwise acquire an
  10-14  interest in real property or a right incident to real property;
  10-15              (2)  sell, exchange, convey with or without covenants,
  10-16  quitclaim, release, surrender, mortgage, encumber, partition,
  10-17  consent to partitioning, subdivide, apply for zoning, rezoning, or
  10-18  other governmental permits, plat or consent to platting, develop,
  10-19  grant options concerning, lease or sublet, or otherwise dispose of
  10-20  an estate or interest in real property or a right incident to real
  10-21  property;
  10-22              (3)  release, assign, satisfy, and enforce by
  10-23  litigation, action, or otherwise a mortgage, deed of trust,
  10-24  encumbrance, lien, or other claim to real property that exists or
  10-25  is claimed to exist;
  10-26              (4)  do any act of management or of conservation with
  10-27  respect to an interest in real property, or a right incident to
   11-1  real property, owned or claimed to be owned by the principal,
   11-2  including power to:
   11-3                    (A)  insure against a casualty, liability, or
   11-4  loss;
   11-5                    (B)  obtain or regain possession or protect the
   11-6  interest or right by litigation, action, or otherwise;
   11-7                    (C)  pay, compromise, or contest taxes or
   11-8  assessments, or apply for and receive refunds in connection with
   11-9  them; and
  11-10                    (D)  purchase supplies, hire assistance or labor,
  11-11  or make repairs or alterations in the real property;
  11-12              (5)  use, develop, alter, replace, remove, erect, or
  11-13  install structures or other improvements on real property in which
  11-14  the principal has, or claims to have, an estate, interest, or
  11-15  right;
  11-16              (6)  participate in a reorganization with respect to
  11-17  real property or a legal entity that owns an interest in or right
  11-18  incident to real property and receive and hold shares of stock or
  11-19  obligations received in a plan or reorganization, and act with
  11-20  respect to the shares or obligations, including:
  11-21                    (A)  selling or otherwise disposing of the shares
  11-22  or obligations;
  11-23                    (B)  exercising or selling an option, conversion,
  11-24  or similar right with respect to the shares or obligations; and
  11-25                    (C)  voting the shares or obligations in person
  11-26  or by proxy;
  11-27              (7)  change the form of title of an interest in or
   12-1  right incident to real property; and
   12-2              (8)  dedicate easements or other real property in which
   12-3  the principal has, or claims to have, an interest to public use,
   12-4  with or without consideration.
   12-5        Sec. 493.  CONSTRUCTION OF POWER RELATING TO TANGIBLE
   12-6  PERSONAL PROPERTY TRANSACTIONS.  In a statutory durable power of
   12-7  attorney, the language conferring general authority with respect to
   12-8  tangible personal property transactions empowers the attorney in
   12-9  fact or agent to:
  12-10              (1)  accept as a gift or as security for a loan,
  12-11  reject, demand, buy, receive, or otherwise acquire ownership or
  12-12  possession of tangible personal property or an interest in tangible
  12-13  personal property;
  12-14              (2)  sell, exchange, convey with or without covenants,
  12-15  release, surrender, mortgage, encumber, pledge, hypothecate, create
  12-16  a security interest in, pawn, grant options concerning, lease or
  12-17  sublet to others, or otherwise dispose of tangible personal
  12-18  property or an interest in tangible personal property;
  12-19              (3)  release, assign, satisfy, or enforce by
  12-20  litigation, action, or otherwise a mortgage, security interest,
  12-21  encumbrance, lien, or other claim on behalf of the principal, with
  12-22  respect to tangible personal property or an interest in tangible
  12-23  personal property; and
  12-24              (4)  do an act of management or conservation with
  12-25  respect to tangible personal property or an interest in tangible
  12-26  personal property on behalf of the principal, including:
  12-27                    (A)  insuring against casualty, liability, or
   13-1  loss;
   13-2                    (B)  obtaining or regaining possession or
   13-3  protecting the property or interest by litigation, action, or
   13-4  otherwise;
   13-5                    (C)  paying, compromising, or contesting taxes or
   13-6  assessments or applying for and receiving refunds in connection
   13-7  with taxes or assessments;
   13-8                    (D)  moving from place to place;
   13-9                    (E)  storing for hire or on a gratuitous
  13-10  bailment; and
  13-11                    (F)  using, altering, and making repairs or
  13-12  alterations.
  13-13        Sec. 494.  CONSTRUCTION OF POWER RELATING TO STOCK AND BOND
  13-14  TRANSACTIONS.  In a statutory durable power of attorney, the
  13-15  language conferring authority with respect to stock and bond
  13-16  transactions empowers the attorney in fact or agent to buy, sell,
  13-17  and exchange stocks, bonds, mutual funds, and all other types of
  13-18  securities and financial instruments other than commodity futures
  13-19  contracts and call and put options on stocks and stock indexes,
  13-20  receive certificates and other evidences of ownership with respect
  13-21  to securities, exercise voting rights with respect to securities in
  13-22  person or by proxy, enter into voting trusts, and consent to
  13-23  limitations on the right to vote.
  13-24        Sec. 495.  CONSTRUCTION OF POWER RELATING TO COMMODITY AND
  13-25  OPTION TRANSACTIONS.  In a statutory durable power of attorney, the
  13-26  language conferring authority with respect to commodity and option
  13-27  transactions empowers the attorney in fact or agent to buy, sell,
   14-1  exchange, assign, settle, and exercise commodity futures contracts
   14-2  and call and put options on stocks and stock indexes traded on a
   14-3  regulated options exchange, and establish, continue, modify, or
   14-4  terminate option accounts with a broker.
   14-5        Sec. 496.  CONSTRUCTION OF POWER RELATING TO BANKING AND
   14-6  OTHER FINANCIAL INSTITUTION TRANSACTIONS.  In a statutory durable
   14-7  power of attorney, the language conferring authority with respect
   14-8  to banking and other financial institution transactions empowers
   14-9  the attorney in fact or agent to:
  14-10              (1)  continue, modify, or terminate an account or other
  14-11  banking arrangement made by or on behalf of the principal;
  14-12              (2)  establish, modify, or terminate an account or
  14-13  other banking arrangement with a bank, trust company, savings and
  14-14  loan association, credit union, thrift company, brokerage firm, or
  14-15  other financial institution selected by the attorney in fact or
  14-16  agent;
  14-17              (3)  hire a safe deposit box or space in a vault;
  14-18              (4)  contract to procure other services available from
  14-19  a financial institution as the attorney in fact or agent considers
  14-20  desirable;
  14-21              (5)  withdraw by check, order, or otherwise money or
  14-22  property of the principal deposited with or left in the custody of
  14-23  a financial institution;
  14-24              (6)  receive bank statements, vouchers, notices, or
  14-25  similar documents from a financial institution and act with respect
  14-26  to them;
  14-27              (7)  enter a safe deposit box or vault and withdraw or
   15-1  add to the contents;
   15-2              (8)  borrow money at an interest rate agreeable to the
   15-3  attorney in fact or agent and pledge as security personal property
   15-4  of the principal necessary to borrow, pay, renew, or extend the
   15-5  time of payment of a debt of the principal;
   15-6              (9)  make, assign, draw, endorse, discount, guarantee,
   15-7  and negotiate promissory notes, bills of exchange, checks, drafts,
   15-8  or other negotiable or nonnegotiable paper of the principal, or
   15-9  payable to the principal or the principal's order, to receive the
  15-10  cash or other proceeds of those transactions, to accept a draft
  15-11  drawn by a person on the principal, and pay the principal when due;
  15-12              (10)  receive for the principal and act on a sight
  15-13  draft, warehouse receipt, or other negotiable or nonnegotiable
  15-14  instrument;
  15-15              (11)  apply for and receive letters of credit, credit
  15-16  cards, and traveler's checks from a financial institution and give
  15-17  an indemnity or other agreement in connection with letters of
  15-18  credit; and
  15-19              (12)  consent to an extension of the time of payment
  15-20  with respect to commercial paper or a financial transaction with a
  15-21  financial institution.
  15-22        Sec. 497.  CONSTRUCTION OF POWER RELATING TO BUSINESS
  15-23  OPERATING TRANSACTIONS.  In a statutory durable power of attorney,
  15-24  the language conferring authority with respect to business
  15-25  operating transactions empowers the attorney in fact or agent to:
  15-26              (1)  operate, buy, sell, enlarge, reduce, or terminate
  15-27  a business interest;
   16-1              (2)  to the extent that an agent is permitted by law to
   16-2  act for a principal and subject to the terms of the partnership
   16-3  agreement:
   16-4                    (A)  perform a duty or discharge a liability or
   16-5  exercise a right, power, privilege, or option that the principal
   16-6  has, may have, or claims to have, under a partnership agreement,
   16-7  whether or not the principal is a general or limited partner;
   16-8                    (B)  enforce the terms of a partnership agreement
   16-9  by litigation, action, or otherwise; and
  16-10                    (C)  defend, submit to arbitration, settle, or
  16-11  compromise litigation or an action to which the principal is a
  16-12  party because of membership in the partnership;
  16-13              (3)  exercise in person or by proxy or enforce by
  16-14  litigation, action, or otherwise a right, power, privilege, or
  16-15  option the principal has or claims to have as the holder of a bond,
  16-16  share, or other instrument of similar character and defend, submit
  16-17  to arbitration, settle, or compromise a legal proceeding to which
  16-18  the principal is a party because of a bond, share, or similar
  16-19  instrument;
  16-20              (4)  with respect to a business owned solely by the
  16-21  principal:
  16-22                    (A)  continue, modify, renegotiate, extend, and
  16-23  terminate a contract made with an individual or a legal entity,
  16-24  firm, association, or corporation by or on behalf of the principal
  16-25  with respect to the business before execution of the power of
  16-26  attorney;
  16-27                    (B)  determine:
   17-1                          (i)  the location of its operation;
   17-2                          (ii)  the nature and extent of its
   17-3  business;
   17-4                          (iii)  the methods of manufacturing,
   17-5  selling, merchandising, financing, accounting, and advertising
   17-6  employed in its operation;
   17-7                          (iv)  the amount and types of insurance
   17-8  carried; and
   17-9                          (v)  the mode of engaging, compensating,
  17-10  and dealing with its accountants, attorneys, and other agents and
  17-11  employees;
  17-12                    (C)  change the name or form of organization
  17-13  under which the business is operated and enter into a partnership
  17-14  agreement with other persons or organize a corporation to take over
  17-15  all or part of the operation of the business; and
  17-16                    (D)  demand and receive money due or claimed by
  17-17  the principal or on the principal's behalf in the operation of the
  17-18  business and control and disburse the money in the operation of the
  17-19  business;
  17-20              (5)  put additional capital into a business in which
  17-21  the principal has an interest;
  17-22              (6)  join in a plan of reorganization, consolidation,
  17-23  or merger of the business;
  17-24              (7)  sell or liquidate a business or part of it at the
  17-25  time and on the terms that the attorney in fact or agent considers
  17-26  desirable;
  17-27              (8)  establish the value of a business under a buy-out
   18-1  agreement to which the principal is a party;
   18-2              (9)  prepare, sign, file, and deliver reports,
   18-3  compilations of information, returns, or other papers with respect
   18-4  to a business that are required by a governmental agency,
   18-5  department, or instrumentality or that the attorney in fact or
   18-6  agent considers desirable and make related payments; and
   18-7              (10)  pay, compromise, or contest taxes or assessments
   18-8  and do any other act that the attorney in fact or agent considers
   18-9  desirable to protect the principal from illegal or unnecessary
  18-10  taxation, fines, penalties, or assessments with respect to a
  18-11  business, including attempts to recover, in any manner permitted by
  18-12  law, money paid before or after the execution of the power of
  18-13  attorney.
  18-14        Sec. 498.  CONSTRUCTION OF POWER RELATING TO INSURANCE
  18-15  TRANSACTIONS.  In a statutory durable power of attorney, the
  18-16  language conferring authority with respect to insurance and annuity
  18-17  transactions empowers the attorney in fact or agent to:
  18-18              (1)  continue, pay the premium or assessment on,
  18-19  modify, rescind, release, or terminate a contract procured by or on
  18-20  behalf of the principal that insures or provides an annuity to
  18-21  either the principal or another person, whether or not the
  18-22  principal is a beneficiary under the contract;
  18-23              (2)  procure new, different, or additional contracts of
  18-24  insurance and annuities for the principal or the principal's
  18-25  spouse, children, and other dependents and select the amount, type
  18-26  of insurance or annuity, and mode of payment;
  18-27              (3)  pay the premium or assessment on or modify,
   19-1  rescind, release, or terminate a contract of insurance or annuity
   19-2  procured by the attorney in fact or agent;
   19-3              (4)  designate the beneficiary of the contract, except
   19-4  that an attorney in fact or agent may be named a beneficiary of the
   19-5  contract or an extension, renewal, or substitute for the contract
   19-6  only to the extent the attorney in fact or agent was named as a
   19-7  beneficiary under a contract procured by the principal before
   19-8  executing the power of attorney;
   19-9              (5)  apply for and receive a loan on the security of
  19-10  the contract of insurance or annuity;
  19-11              (6)  surrender and receive the cash surrender value;
  19-12              (7)  exercise an election;
  19-13              (8)  change the manner of paying premiums;
  19-14              (9)  change or convert the type of insurance contract
  19-15  or annuity with respect to which the principal has or claims to
  19-16  have a power described in this section;
  19-17              (10)  change the beneficiary of a contract of insurance
  19-18  or annuity, except that the attorney in fact or agent may be
  19-19  designated a beneficiary only to the extent authorized by
  19-20  Subdivision (4) of this section;
  19-21              (11)  apply for and procure government aid to guarantee
  19-22  or pay premiums of a contract of insurance on the life of the
  19-23  principal;
  19-24              (12)  collect, sell, assign, hypothecate, borrow on, or
  19-25  pledge the interest of the principal in a contract of insurance or
  19-26  annuity; and
  19-27              (13)  pay from proceeds or otherwise, compromise or
   20-1  contest, or apply for refunds in connection with a tax or
   20-2  assessment levied by a taxing authority with respect to a contract
   20-3  of insurance or annuity or its proceeds or liability accruing
   20-4  because of the tax or assessment.
   20-5        Sec. 499.  CONSTRUCTION OF POWER RELATING TO ESTATE, TRUST,
   20-6  AND OTHER BENEFICIARY TRANSACTIONS.  In a statutory durable power
   20-7  of attorney, the language conferring authority with respect to
   20-8  estate, trust, and other beneficiary transactions empowers the
   20-9  attorney in fact or agent to act for the principal in all matters
  20-10  that affect a trust, probate estate, guardianship, conservatorship,
  20-11  escrow, custodianship, or other fund from which the principal is,
  20-12  may become, or claims to be entitled, as a beneficiary, to a share
  20-13  or payment, including to:
  20-14              (1)  accept, reject, disclaim, receive, receipt for,
  20-15  sell, assign, release, pledge, exchange, or consent to a reduction
  20-16  in or modification of a share in or payment from the fund;
  20-17              (2)  demand or obtain by litigation, action, or
  20-18  otherwise money or any other thing of value to which the principal
  20-19  is, may become, or claims to be entitled because of the fund;
  20-20              (3)  initiate, participate in, or oppose a legal or
  20-21  judicial proceeding to ascertain the meaning, validity, or effect
  20-22  of a deed, will, declaration of trust, or other instrument or
  20-23  transaction affecting the interest of the principal;
  20-24              (4)  initiate, participate in, or oppose a legal or
  20-25  judicial proceeding to remove, substitute, or surcharge a
  20-26  fiduciary;
  20-27              (5)  conserve, invest, disburse, or use anything
   21-1  received for an authorized purpose; and
   21-2              (6)  transfer all or part of an interest of the
   21-3  principal in real property, stocks, bonds, accounts with financial
   21-4  institutions, insurance, and other property to the trustee of a
   21-5  revocable trust created by the principal as settlor.
   21-6        Sec. 500.  CONSTRUCTION OF POWER RELATING TO CLAIMS AND
   21-7  LITIGATION.  In a statutory durable power of attorney, the language
   21-8  conferring general authority with respect to claims and litigation
   21-9  empowers the attorney in fact or agent to:
  21-10              (1)  assert and prosecute before a court or
  21-11  administrative agency a claim, a claim for relief, a counterclaim,
  21-12  or an offset, or defend against an individual, a legal entity, or a
  21-13  government, including suits to recover property or other thing of
  21-14  value, to recover damages sustained by the principal, to eliminate
  21-15  or modify tax liability, or to seek an injunction, specific
  21-16  performance, or other relief;
  21-17              (2)  bring an action to determine adverse claims,
  21-18  intervene in an action or litigation, and act as amicus curiae;
  21-19              (3)  in connection with an action or litigation,
  21-20  procure an attachment, garnishment, libel, order of arrest, or
  21-21  other preliminary, provisional, or intermediate relief and use an
  21-22  available procedure to effect or satisfy a judgment, order, or
  21-23  decree;
  21-24              (4)  in connection with an action or litigation,
  21-25  perform any lawful act the principal could perform, including
  21-26  acceptance of tender, offer of judgment, admission of facts,
  21-27  submission of a controversy on an agreed statement of facts,
   22-1  consent to examination before trial, and binding of the principal
   22-2  in litigation;
   22-3              (5)  submit to arbitration, settle, and propose or
   22-4  accept a compromise with respect to a claim or litigation;
   22-5              (6)  waive the issuance and service of process on the
   22-6  principal, accept service of process, appear for the principal,
   22-7  designate persons on whom process directed to the principal may be
   22-8  served, execute and file or deliver stipulations on the principal's
   22-9  behalf, verify pleadings, seek appellate review, procure and give
  22-10  surety and indemnity bonds, contract and pay for the preparation
  22-11  and printing of records and briefs, receive and execute and file or
  22-12  deliver a consent, waiver, release, confession of judgment,
  22-13  satisfaction of judgment, notice, agreement, or other instrument in
  22-14  connection with the prosecution, settlement, or defense of a claim
  22-15  or litigation;
  22-16              (7)  act for the principal with respect to bankruptcy
  22-17  or insolvency proceedings, whether voluntary or involuntary,
  22-18  concerning the principal or some other person, with respect to a
  22-19  reorganization proceeding or a receivership or application for the
  22-20  appointment of a receiver or trustee that affects an interest of
  22-21  the principal in real or personal property or other thing of value;
  22-22  and
  22-23              (8)  pay a judgment against the principal or a
  22-24  settlement made in connection with a claim or litigation and
  22-25  receive and conserve money or other thing of value paid in
  22-26  settlement of or as proceeds of a claim or litigation.
  22-27        Sec. 501.  CONSTRUCTION OF POWER RELATING TO PERSONAL AND
   23-1  FAMILY MAINTENANCE.  In a statutory durable power of attorney, the
   23-2  language conferring authority with respect to personal and family
   23-3  maintenance empowers the attorney in fact or agent to:
   23-4              (1)  perform the acts necessary to maintain the
   23-5  customary standard of living of the principal, the principal's
   23-6  spouse and children, and other individuals customarily or legally
   23-7  entitled to be supported by the principal, including providing
   23-8  living quarters by purchase, lease, or other contract, or paying
   23-9  the operating costs, including interest, amortization payments,
  23-10  repairs, and taxes on premises owned by the principal and occupied
  23-11  by those individuals;
  23-12              (2)  provide for the individuals described by
  23-13  Subdivision (1) of this section normal domestic help, usual
  23-14  vacations and travel expenses, and funds for shelter, clothing,
  23-15  food, appropriate education, and other current living costs;
  23-16              (3)  pay necessary medical, dental, and surgical care,
  23-17  hospitalization, and custodial care for the individuals described
  23-18  by Subdivision (1) of this section;
  23-19              (4)  continue any provision made by the principal, for
  23-20  the individuals described by Subdivision (1) of this section, for
  23-21  automobiles or other means of transportation, including
  23-22  registering, licensing, insuring, and replacing the automobiles or
  23-23  other means of transportation;
  23-24              (5)  maintain or open charge accounts for the
  23-25  convenience of the individuals described by Subdivision (1) of this
  23-26  section and open new accounts the attorney in fact or agent
  23-27  considers desirable to accomplish a lawful purpose; and
   24-1              (6)  continue payments incidental to the membership or
   24-2  affiliation of the principal in a church, club, society, order, or
   24-3  other organization or to continue contributions to those
   24-4  organizations.
   24-5        Sec. 502.  CONSTRUCTION OF POWER RELATING TO BENEFITS FROM
   24-6  CERTAIN GOVERNMENTAL PROGRAMS OR CIVIL OR MILITARY SERVICE.  In a
   24-7  statutory durable power of attorney, the language conferring
   24-8  authority with respect to benefits from social security, Medicare,
   24-9  Medicaid, or other governmental programs or civil or military
  24-10  service empowers the attorney in fact or agent to:
  24-11              (1)  execute vouchers in the name of the principal for
  24-12  allowances and reimbursements payable by the United States, a
  24-13  foreign government, or a state or subdivision of a state to the
  24-14  principal, including allowances and reimbursements for
  24-15  transportation of the individuals described by Section 501(1) of
  24-16  this code, and for shipment of their household effects;
  24-17              (2)  take possession and order the removal and shipment
  24-18  of property of the principal from a post, warehouse, depot, dock,
  24-19  or other place of storage or safekeeping, either governmental or
  24-20  private, and execute and deliver a release, voucher, receipt, bill
  24-21  of lading, shipping ticket, certificate, or other instrument for
  24-22  that purpose;
  24-23              (3)  prepare, file, and prosecute a claim of the
  24-24  principal to a benefit or assistance, financial or otherwise, to
  24-25  which the principal claims to be entitled, under a statute or
  24-26  governmental regulation;
  24-27              (4)  prosecute, defend, submit to arbitration, settle,
   25-1  and propose or accept a compromise with respect to any benefits the
   25-2  principal may be entitled to receive; and
   25-3              (5)  receive the financial proceeds of a claim of the
   25-4  type described in this section and conserve, invest, disburse, or
   25-5  use anything received for a lawful purpose.
   25-6        Sec. 503.  CONSTRUCTION OF POWER RELATING TO RETIREMENT PLAN
   25-7  TRANSACTIONS.  In a statutory durable power of attorney, the
   25-8  language conferring authority with respect to retirement plan
   25-9  transactions empowers the attorney in fact or agent to do any
  25-10  lawful act the principal may do with respect to a transaction
  25-11  relating to a retirement plan, including to:
  25-12              (1)  apply for service or disability retirement
  25-13  benefits;
  25-14              (2)  select payment options under any retirement plan
  25-15  in which the principal participates, including plans for
  25-16  self-employed individuals;
  25-17              (3)  designate or change the designation of a
  25-18  beneficiary or benefits payable by a retirement plan, except that
  25-19  an attorney in fact or agent may be named a beneficiary only to the
  25-20  extent the attorney in fact or agent was a named beneficiary under
  25-21  the retirement plan before the durable power of attorney was
  25-22  executed;
  25-23              (4)  make voluntary contributions to retirement plans
  25-24  if authorized by the plan;
  25-25              (5)  exercise the investment powers available under any
  25-26  self-directed retirement plan;
  25-27              (6)  make "rollovers" of plan benefits into other
   26-1  retirement plans;
   26-2              (7)  borrow from, sell assets to, and purchase assets
   26-3  from retirement plans if authorized by the plan;
   26-4              (8)  waive the right of the principal to be a
   26-5  beneficiary of a joint or survivor annuity if the principal is a
   26-6  spouse who is not employed;
   26-7              (9)  receive, endorse, and cash payments from a
   26-8  retirement plan;
   26-9              (10)  waive the right of the principal to receive all
  26-10  or a portion of benefits payable by a retirement plan; and
  26-11              (11)  request and receive information relating to the
  26-12  principal from retirement plan records.
  26-13        Sec. 504.  CONSTRUCTION OF POWER RELATING TO TAX MATTERS.  In
  26-14  a statutory durable power of attorney, the language conferring
  26-15  authority with respect to tax matters empowers the attorney in fact
  26-16  or agent to:
  26-17              (1)  prepare, sign, and file federal, state, local, and
  26-18  foreign income, gift, payroll, Federal Insurance Contributions Act,
  26-19  and other tax returns, claims for refunds, requests for extension
  26-20  of time, petitions regarding tax matters, and any other tax-related
  26-21  documents, including receipts, offers, waivers, consents, including
  26-22  consents and agreements under Section 2032A, Internal Revenue Code
  26-23  of 1986, closing agreements, and any power of attorney form
  26-24  required by the Internal Revenue Service or other taxing authority
  26-25  with respect to a tax year on which the statute of limitations has
  26-26  not run and 25 tax years following that tax year;
  26-27              (2)  pay taxes due, collect refunds, post bonds,
   27-1  receive confidential information, and contest deficiencies
   27-2  determined by the Internal Revenue Service or other taxing
   27-3  authority;
   27-4              (3)  exercise any election available to the principal
   27-5  under federal, state, local, or foreign tax law; and
   27-6              (4)  act for the principal in all tax matters for all
   27-7  periods before the Internal Revenue Service and any other taxing
   27-8  authority.
   27-9        Sec. 505.  EXISTING INTEREST; FOREIGN INTERESTS.  The powers
  27-10  described in Sections 492 through 504 of this code may be exercised
  27-11  equally with respect to an interest the principal has at the time
  27-12  the durable power of attorney is executed or acquires later,
  27-13  whether or not the property is located in this state and whether or
  27-14  not the powers are exercised or the durable power of attorney is
  27-15  executed in this state.
  27-16        Sec. 506.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  This
  27-17  chapter shall be applied and construed to effect its general
  27-18  purpose to make uniform the law with respect to the subject of this
  27-19  chapter among states enacting it.
  27-20        SECTION 2.  Section 36A, Probate Code, is repealed.  A power
  27-21  of attorney executed in compliance with that section before the
  27-22  effective date of this Act is valid according to the terms of that
  27-23  section as it existed at the time of the execution, and that
  27-24  section is continued in effect for that purpose.
  27-25        SECTION 3.  This Act takes effect September 1, 1993.
  27-26        SECTION 4.  The importance of this legislation and the
  27-27  crowded condition of the calendars in both houses create an
   28-1  emergency   and   an   imperative   public   necessity   that   the
   28-2  constitutional rule requiring bills to be read on three several
   28-3  days in each house be suspended, and this rule is hereby suspended.