Sec. 751.213. LIABILITY OF PRINCIPAL. (a) Subsection (b) applies to an action brought under Section 751.212 if:
(1) the court finds that the action was commenced after the date the written statement described by Section 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) Section 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.
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