Tex. Est. Code Section 751.203
Agent’s Certification


(a)

Before accepting a durable power of attorney under Section 751.201 (Acceptance of Durable Power of Attorney Required; Exceptions), the person to whom the power of attorney is presented may request that the agent presenting the power of attorney provide to the person an agent’s certification, under penalty of perjury, of any factual matter concerning the principal, agent, or power of attorney. If under its terms the power of attorney becomes effective on the disability or incapacity of the principal, the person to whom the power of attorney is presented may request that the certification include a written statement from a physician attending the principal that states that the principal is presently disabled or incapacitated.

(b)

A certification described by Subsection (a) may be in the following form:
I, ___________ (agent), certify under penalty of perjury that:
1. I am the agent named in the power of attorney validly executed by ___________ (principal) (“principal”) on ____________ (date), and the power of attorney is now in full force and effect.
2. The principal is not deceased and is presently domiciled in ___________ (city and state/territory or foreign country).
3. To the best of my knowledge after diligent search and inquiry:
a. The power of attorney has not been revoked by the principal or suspended or terminated by the occurrence of any event, whether or not referenced in the power of attorney;
b. At the time the power of attorney was executed, the principal was mentally competent to transact legal matters and was not acting under the undue influence of any other person;
c. A permanent guardian of the estate of the principal has not qualified to serve in that capacity;
d. My powers under the power of attorney have not been suspended by a court in a temporary guardianship or other proceeding;
e. If I am (or was) the principal’s spouse, my marriage to the principal has not been dissolved by court decree of divorce or annulment or declared void by a court, or the power of attorney provides specifically that my appointment as the agent for the principal does not terminate if my marriage to the principal has been dissolved by court decree of divorce or annulment or declared void by a court;
f. No proceeding has been commenced for a temporary or permanent guardianship of the person or estate, or both, of the principal; and
g. The exercise of my authority is not prohibited by another agreement or instrument.
4. If under its terms the power of attorney becomes effective on the disability or incapacity of the principal or at a future time or on the occurrence of a contingency, the principal now has a disability or is incapacitated or the specified future time or contingency has occurred.
5. I am acting within the scope of my authority under the power of attorney, and my authority has not been altered or terminated.
6. If applicable, I am the successor to ___________ (predecessor agent), who has resigned, died, or become incapacitated, is not qualified to serve or has declined to serve as agent, or is otherwise unable to act. There are no unsatisfied conditions remaining under the power of attorney that preclude my acting as successor agent.
7. I agree not to:
a. Exercise any powers granted by the power of attorney if I attain knowledge that the power of attorney has been revoked, suspended, or terminated; or
b. Exercise any specific powers that have been revoked, suspended, or terminated.
8. A true and correct copy of the power of attorney is attached to this document.
9. If used in connection with an extension of credit under Section 50(a)(6), Article XVI, Texas Constitution, the power of attorney was executed in the office of the lender, the office of a title company, or the law office of ____________________.
Date: __________, 20__.
__________________________________ (signature of agent)

(c)

A certification made in compliance with this section is conclusive proof of the factual matter that is the subject of the certification.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.

Source: Section 751.203 — Agent's Certification, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­751.­htm#751.­203 (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

§ 751.203’s source at texas​.gov