(a) If, after execution of a durable power of attorney, a court appoints a:
(1) permanent guardian of the estate for a ward who is the principal who executed the power of attorney, on the qualification of the guardian the powers and authority granted to the agent named in the power of attorney are automatically revoked unless the court enters an order that the powers of the agent be suspended during the pendency of the guardianship of the estate; or
(2) temporary guardian of the estate for a ward who is the principal who executed the power of attorney, on the qualification of the guardian the powers and authority granted to the agent named in the power of attorney are automatically suspended for the duration of the guardianship unless the court enters an order that:
(A) affirms and states the effectiveness of the power of attorney; and
(B) confirms the validity of the appointment of the named agent.
(a-1) If the powers and authority of an agent are revoked as provided by Subsection (a), the agent shall:
(1) deliver to the guardian of the estate all assets of the ward's estate that are in the possession of the agent; and
(2) account to the guardian of the estate as the agent would account to the principal if the principal had terminated the powers of the agent.
(b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 8(2), eff. September 1, 2023.
Official text of the Texas Estates Code as published by the Texas Legislative Council.