Texas Estates Code
§ 751.212 — CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE POWER OF ATTORNEY
ES § 751.212Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part P. DURABLE POWERS OF ATTORNEY · Ch. 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF ATTORNEY · Art. E. ACCEPTANCE OF AND RELIANCE ON DURABLE POWER OF ATTORNEY
Statute text
View on source(a)The principal or an agent acting on the principal's behalf may bring an action against a person who refuses to accept a durable power of attorney in violation of this subchapter.
(b)An action under Subsection (a) may not be commenced against a person until after the date the person is required to accept the durable power of attorney under Section 751.201.
(c)If the court finds that the person refused to accept the durable power of attorney in violation of this subchapter, the court, as the exclusive remedy under this chapter:
(1)shall order the person to accept the power of attorney; and
(2)may award the plaintiff court costs and reasonable and necessary attorney's fees.
(d)The court shall dismiss an action under this section that was commenced after the date a written statement described by Section 751.207(b) was provided to the agent.
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Legislative history
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.