Tex. Est. Code Section 751.122
Duty to Preserve Principal’s Estate Plan

An agent shall preserve to the extent reasonably possible the principal’s estate plan to the extent the agent has actual knowledge of the plan if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:

(1)

the value and nature of the principal’s property;

(2)

the principal’s foreseeable obligations and need for maintenance;

(3)

minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and

(4)

eligibility for a benefit, a program, or assistance under a statute or regulation.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff. September 1, 2017.

Source: Section 751.122 — Duty to Preserve Principal's Estate Plan, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­751.­htm#751.­122 (accessed Jun. 5, 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 751.021
Co-agents 751.0021
Requirements of Durable Power of Attorney 751.0022
Presumption of Genuine Signature 751.022
Acceptance of Appointment as Agent 751.023
Successor Agents 751.0023
Validity of Power of Attorney 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 751.201
Acceptance of Durable Power of Attorney Required 751.00201
Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 751.122’s source at texas​.gov