Sec. 751.204. OPINION OF COUNSEL. (a) Before accepting a durable power of attorney under Section 751.201, the person to whom the power of attorney is presented may request from the agent presenting the power of attorney an opinion of counsel regarding any matter of law concerning the power of attorney so long as the person provides to the agent the reason for the request in a writing or other record.
(b) Except as otherwise provided in an agreement to extend the request period under Section 751.201(c), an opinion of counsel requested under this section must be provided by the principal or agent, at the principal's expense. If, without an extension, the requestor requests the opinion later than the 10th business day after the date the durable power of attorney is presented to the requestor, the principal or agent may, but is not required to, provide the opinion, at the requestor's expense.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle P - Durable Powers of Attorney
Chapter 751 - General Provisions Regarding Durable Powers of Attorney
Subchapter E. Acceptance of and Reliance on Durable Power of Attorney
Section 751.201. Acceptance of Durable Power of Attorney Required; Exceptions
Section 751.203. Agent's Certification
Section 751.204. Opinion of Counsel
Section 751.205. English Translation
Section 751.206. Grounds for Refusing Acceptance
Section 751.207. Written Statement of Refusal of Acceptance Required
Section 751.208. Date of Acceptance
Section 751.209. Good Faith Reliance on Durable Power of Attorney
Section 751.210. Reliance on Certain Requested Information
Section 751.211. Actual Knowledge of Person When Transactions Conducted Through Employees
Section 751.212. Cause of Action for Refusal to Accept Durable Power of Attorney