Texas Estates Code

§ 751.133 — RELATION OF AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE

ES § 751.133Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part P. DURABLE POWERS OF ATTORNEY · Ch. 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF ATTORNEY · Art. C-2. DURATION OF DURABLE POWER OF ATTORNEY AND AGENT'S AUTHORITY

Statute text

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(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

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Legislative history

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.