Texas Estates Code 751.023 – Successor Agents
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(a) A principal may designate in a durable power of attorney one or more successor agents to act if an agent resigns, dies, or becomes incapacitated, is not qualified to serve, or declines to serve.
(b) A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function.
Terms Used In Texas Estates Code 751.023
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(c) Unless the durable power of attorney otherwise provides, a successor agent:
(1) has the same authority as the authority granted to the predecessor agent; and
(2) is not considered an agent under this subtitle and may not act until all predecessor agents, including co-agents, to the successor agent have resigned, died, or become incapacitated, are not qualified to serve, or have declined to serve.