Texas § 751.133 RELATION OF AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE.

Texas Statutes

§ 751.133 — RELATION OF AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE.

Texas § 751.133

Code ESEstates Code

This text of Texas § 751.133 (RELATION OF AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 751.133 (2026).

Text

Sec. 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 guar

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Sec. 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.
(b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650 ), Sec. 8(2), eff. September 1, 2023.
Transferred, redesignated and amended from Estates Code, Section 751.052 by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974 ), Sec. 6, eff. September 1, 2017.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.01, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650 ), Sec. 3, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650 ), Sec. 8(2), eff. September 1, 2023.