Texas § ES.751.032 - GIFT AUTHORITY

§ ES.751.032. GIFT AUTHORITY

GIFT AUTHORITY. (a) In this section, a gift for the benefit of a person includes a gift to: (1) a trust; (2) an account under the Texas Uniform Transfers to Minors Act (Chapter 141 , Property Code) or a similar law of another state; and (3) a qualified tuition program of any state that meets the requirements of Section 529, Internal Revenue Code of 1986. (b) Unless the durable power of attorney otherwise provides, a grant of authority to make a gift is subject to the limitations prescribed by this section. (c) Language in a durable power of attorney granting general authority with respect to gifts authorizes the agent to only: (1) make outright to, or for the benefit of, a person a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed: (A) the annual dollar limits of the federal gift tax exclusion under Section 2503(b), Internal Revenue Code of 1986, regardless of whether the federal gift tax exclusion applies to the gift; or (B) if the principal's spouse agrees to consent to a split gift as provided by Section 2513, Internal Revenue Code of 1986, twice the annual federal gift tax exclusion limit; and (2) consent, as provided by Section 2513, Internal Revenue Code of 1986, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual federal gift tax exclusions for both spouses. (d) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if the agent actually knows those objectives. If the agent does not know the principal's objectives, the agent may make a gift of the principal's property only as the agent determines is consistent with the principal's best interest based on all relevant factors, including the factors listed in Section 751.122 and the principal's personal history of making or joining in making gifts. Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974 ), Sec. 3, eff. September 1, 2017.