Texas Estates Code 752.111 – Personal and Family Maintenance
Terms Used In Texas Estates Code 752.111
- Amortization: Paying off a loan by regular installments.
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
The language conferring authority with respect to personal and family maintenance in a statutory durable power of attorney empowers the agent to:
(1) perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse and children, and other individuals customarily or legally entitled to be supported by the principal, including:
(A) providing living quarters by purchase, lease, or other contract; or
(B) paying the operating costs, including interest, amortization payments, repairs, and taxes on premises owned by the principal and occupied by those individuals;
(2) provide for the individuals described by Subdivision (1):
(A) normal domestic help;
(B) usual vacations and travel expenses; and
(C) money for shelter, clothing, food, appropriate education, and other living costs;
(3) pay necessary medical, dental, and surgical care, hospitalization, and custodial care for the individuals described by Subdivision (1);
(4) continue any provision made by the principal for the individuals described by Subdivision (1) for automobiles or other means of transportation, including registering, licensing, insuring, and replacing the automobiles or other means of transportation;
(5) maintain or open charge accounts for the convenience of the individuals described by Subdivision (1) and open new accounts the agent considers desirable to accomplish a lawful purpose;
(6) continue:
(A) payments incidental to the membership or affiliation of the principal in a church, club, society, order, or other organization; or
(B) contributions to those organizations;
(7) perform all acts necessary in relation to the principal’s mail, including:
(A) receiving, signing for, opening, reading, and responding to any mail addressed to the principal, whether through the United States Postal Service or a private mail service;
(B) forwarding the principal’s mail to any address; and
(C) representing the principal before the United States Postal Service in all matters relating to mail service; and
(8) subject to the needs of the individuals described by Subdivision (1), provide for the reasonable care of the principal’s pets.