Tex. Est. Code § 751.133 · Subchapter C-2. DURATION OF DURABLE POWER OF ATTORNEY AND AGENT'S AUTHORITY
RELATION OF AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 agent named in the power of attorney are automatically revoked unless the court enters an order that the powers of the agent be suspended during the pendency of the guardianship of the estate; 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 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 agent.
(a-1) If the powers and authority of an agent are revoked as provided by Subsection (a), the agent shall:
(1) deliver to the guardian of the estate all assets of the ward's estate that are in the possession of the agent; and
(2) account to the guardian of the estate as the agent would account to the principal if the principal had terminated the powers of the agent.
(b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 8(2), eff. September 1, 2023.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
Transferred, redesignated and amended from Estates Code, Section 751.052 by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 6, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 8(2), eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.751.htm
- Text hash
- sha256 3549efc4bb5007723579b775de98b0d39645a83f03696a2aa5043d3cfd686d27
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
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