Tex. Est. Code Section 751.023
Successor Agents


(a)

A principal may designate in a durable power of attorney one or more successor agents to act if an agent resigns, dies, or becomes incapacitated, is not qualified to serve, or declines to serve.

(b)

A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function.

(c)

Unless the durable power of attorney otherwise provides, a successor agent:

(1)

has the same authority as the authority granted to the predecessor agent; and

(2)

is not considered an agent under this subtitle and may not act until all predecessor agents, including co-agents, to the successor agent have resigned, died, or become incapacitated, are not qualified to serve, or have declined to serve.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.

Source: Section 751.023 — Successor Agents, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­751.­htm#751.­023 (accessed Mar. 23, 2024).

751.001
Short Title
751.002
Definitions
751.003
Uniformity of Application and Construction
751.005
Extension of Principal’s Authority to Other Persons
751.006
Remedies Under Other Law
751.007
Conflict with or Effect on Other Law
751.0015
Applicability of Subtitle
751.0021
Requirements of Durable Power of Attorney
751.021
Co-agents
751.0022
Presumption of Genuine Signature
751.022
Acceptance of Appointment as Agent
751.0023
Validity of Power of Attorney
751.023
Successor Agents
751.0024
Meaning and Effect of Durable Power of Attorney
751.024
Reimbursement and Compensation of Agent
751.031
Grants of Authority in General and Certain Limitations
751.032
Gift Authority
751.033
Authority to Create or Change Certain Beneficiary Designations
751.034
Incorporation of Authority
751.051
Effect of Acts Performed by Agent
751.054
Knowledge of Termination of Power
751.055
Affidavit Regarding Lack of Knowledge of Termination of Power or of Disability or Incapacity
751.057
Effect of Bankruptcy Proceeding
751.101
Fiduciary Duties
751.102
Duty to Timely Inform Principal
751.103
Maintenance of Records
751.104
Accounting
751.105
Effect of Failure to Comply
751.106
Effect of Subchapter on Principal’s Rights
751.121
Duty to Notify of Breach of Fiduciary Duty by Other Agent
751.122
Duty to Preserve Principal’s Estate Plan
751.131
Termination of Durable Power of Attorney
751.132
Termination of Agent’s Authority
751.133
Relation of Agent to Court-appointed Guardian of Estate
751.134
Effect on Certain Persons of Termination of Durable Power of Attorney or Agent’s Authority
751.135
Previous Durable Power of Attorney Continues in Effect Until Revoked
751.151
Recording for Real Property Transactions Requiring Execution and Delivery of Instruments
751.00201
Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney
751.201
Acceptance of Durable Power of Attorney Required
751.202
Other Form or Recording of Durable Power of Attorney as Condition of Acceptance Prohibited
751.203
Agent’s Certification
751.204
Opinion of Counsel
751.205
English Translation
751.206
Grounds for Refusing Acceptance
751.207
Written Statement of Refusal of Acceptance Required
751.208
Date of Acceptance
751.209
Good Faith Reliance on Durable Power of Attorney
751.210
Reliance on Certain Requested Information
751.211
Actual Knowledge of Person When Transactions Conducted Through Employees
751.212
Cause of Action for Refusal to Accept Durable Power of Attorney
751.213
Liability of Principal
751.251
Judicial Relief

Accessed:
Mar. 23, 2024

§ 751.023’s source at texas​.gov