Tex. Est. Code § 751.251 · Subchapter F. CIVIL REMEDIES
JUDICIAL RELIEF.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The following may bring an action requesting a court to construe, or determine the validity or enforceability of, a durable power of attorney, or to review an agent's conduct under a durable power of attorney and grant appropriate relief:
(1) the principal or the agent;
(2) a guardian, conservator, or other fiduciary acting for the principal;
(3) a person named as a beneficiary to receive property, a benefit, or a contractual right on the principal's death;
(4) a governmental agency with authority to provide protective services to the principal; and
(5) a person who demonstrates to the court sufficient interest in the principal's welfare or estate.
(b) A person who is asked to accept a durable power of attorney may bring an action requesting a court to construe, or determine the validity or enforceability of, the power of attorney.
(c) On the principal's motion, the court shall dismiss an action under Subsection (a) unless the court finds that the principal lacks capacity to revoke the agent's authority or the durable power of attorney.
(d) In an action brought under this section, the court may award costs and reasonable and necessary attorney's fees in an amount the court considers equitable and just.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 4, 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 cc79dcb9e7f00d0acacba783ed18a84d69cfed89d18dafb76a9dc83d782cf8e8
- 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
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.