Texas Estates Code 751.133 – Relation of Agent to Court-Appointed Guardian of Estate
(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
(2) account to the guardian of the estate as the agent would account to the principal if the principal had terminated the powers of the agent.
Terms Used In Texas Estates Code 751.133
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 8(2), eff. September 1, 2023.