Texas Estates Code 751.209 – Good Faith Reliance On Durable Power of Attorney
(a) A person who in good faith accepts a durable power of attorney without actual knowledge that the signature of the principal or of another adult directed by the principal to sign the principal’s name as authorized by § 751.0021 is not genuine may rely on the presumption under § 751.0022 that the signature is genuine and that the power of attorney was properly executed.
(b) A person who in good faith accepts a durable power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely on the power of attorney as if:
(1) the power of attorney were genuine, valid, and still in effect;
(2) the agent’s authority were genuine, valid, and still in effect; and
(3) the agent had not exceeded and had properly exercised the authority.
Terms Used In Texas Estates Code 751.209
- 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
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011