Texas Estates Code

§ 753.001 — PROCEDURE FOR REMOVAL

ES § 753.001Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part P. DURABLE POWERS OF ATTORNEY · Ch. 753. REMOVAL OF ATTORNEY IN FACT OR AGENT

Statute text

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(a)In this section, "person interested," notwithstanding Section 22.018, has the meaning assigned by Section 1002.018.

(b)The following persons may file a petition under this section:

(1)any person named as a successor attorney in fact or agent in a durable power of attorney; or

(2)if the person with respect to whom a guardianship proceeding has been commenced is a principal who has executed a durable power of attorney, any person interested in the guardianship proceeding, including an attorney ad litem or guardian ad litem.

(c)On the petition of a person described by Subsection (b), a probate court, after a hearing, may enter an order:

(1)removing a person named and serving as an attorney in fact or agent under a durable power of attorney;

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Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 6, eff. September 1, 2017.