2019 Texas Statutes
Estates Code
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle P - Durable Powers of Attorney
Chapter 751 - General Provisions Regarding Durable Powers of Attorney
Subchapter B. Effect of Certain Acts on Exercise of Durable Power of Attorney
Section 751.052. Relation of Attorney in Fact or Agent to Court-Appointed Guardian of Estate
Text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 2
For text of section as transferred, redesignated, and amended by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 6, see Sec. 751.133.
Sec. 751.052. RELATION OF ATTORNEY IN FACT OR AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE. (a) If, after execution of a durable power of attorney, a court appoints a:
(1) permanent guardian of the estate for a ward who is the principal who executed the power of attorney, on the qualification of the guardian the powers and authority granted to the attorney in fact or agent named in the power of attorney are automatically revoked; or
(2) temporary guardian of the estate for a ward who is the principal who executed the power of attorney, on the qualification of the guardian the powers and authority granted to the attorney in fact or agent named in the power of attorney are automatically suspended for the duration of the guardianship unless the court enters an order that:
(A) affirms and states the effectiveness of the power of attorney; and
(B) confirms the validity of the appointment of the named attorney in fact or agent.
(b) If the powers and authority of an attorney in fact or agent are revoked as provided by Subsection (a), the attorney in fact or agent shall:
(1) deliver to the guardian of the estate all assets of the ward's estate that are in the possession of the attorney in fact or agent; and
(2) account to the guardian of the estate as the attorney in fact or agent would account to the principal if the principal had terminated the powers of the attorney in fact or agent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 2, eff. September 1, 2017.
