Sec. 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 Section 751.0021 is not genuine may rely on the presumption under Section 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.
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