Texas Estates Code 751.213 – Liability of Principal
(a) Subsection (b) applies to an action brought under § 751.212 if:
(1) the court finds that the action was commenced after the date the written statement described by § 751.207(b) was timely provided to the agent;
(2) the court expressly finds that the refusal of the person against whom the action was brought to accept the durable power of attorney was permitted under this chapter; or
(3) § 751.212(e) does not apply and the court does not issue an order ordering the person to accept the power of attorney.
(b) Under any of the circumstances described by Subsection (a), the principal may be liable to the person who refused to accept the durable power of attorney for court costs and reasonable and necessary attorney’s fees incurred in defending the action as the exclusive remedy under this chapter.
Terms Used In Texas Estates Code 751.213
- 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 - 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005