2024 Texas Statutes
Estates Code
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle P - Durable Powers of Attorney
Chapter 752 - Statutory Durable Power of Attorney
Subchapter C. Construction of Powers Related to Statutory Durable Power of Attorney
Section 752.110. Claims and Litigation
Sec. 752.110. CLAIMS AND LITIGATION. The language conferring general authority with respect to claims and litigation in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1) assert and prosecute before a court or administrative agency a claim, a claim for relief, a counterclaim, or an offset, or defend against an individual, a legal entity, or a government, including an action to:
(A) recover property or other thing of value;
(B) recover damages sustained by the principal;
(C) eliminate or modify tax liability; or
(D) seek an injunction, specific performance, or other relief;
(2) bring an action to determine an adverse claim, intervene in an action or litigation, and act as an amicus curiae;
(3) in connection with an action or litigation:
(A) procure an attachment, garnishment, libel, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree; and
(B) perform any lawful act the principal could perform, including:
(i) acceptance of tender;
(ii) offer of judgment;
(iii) admission of facts;
(iv) submission of a controversy on an agreed statement of facts;
(v) consent to examination before trial; and
(vi) binding of the principal in litigation;
(4) submit to arbitration, settle, and propose or accept a compromise with respect to a claim or litigation;
(5) waive the issuance and service of process on the principal, accept service of process, appear for the principal, designate persons on whom process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, or receive and execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(6) act for the principal regarding voluntary or involuntary bankruptcy or insolvency proceedings concerning:
(A) the principal; or
(B) another person, with respect to a reorganization proceeding or a receivership or application for the appointment of a receiver or trustee that affects the principal's interest in property or other thing of value; and
(7) pay a judgment against the principal or a settlement made in connection with a claim or litigation and receive and conserve money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
