Texas § ES.751.209 - GOOD FAITH RELIANCE ON DURABLE POWER OF ATTORNEY

§ ES.751.209. GOOD FAITH RELIANCE ON DURABLE POWER OF ATTORNEY

GOOD FAITH RELIANCE ON DURABLE POWER OF ATTORNEY. (a) A person who in good faith accepts a durable power of attorney without actual knowledge that the signature of the principal or of another adult directed by the principal to sign the principal's name as authorized by Section 751.0021 is not genuine may rely on the presumption under Section 751.0022 that the signature is genuine and that the power of attorney was properly executed. (b) A person who in good faith accepts a durable power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely on the power of attorney as if: (1) the power of attorney were genuine, valid, and still in effect; (2) the agent's authority were genuine, valid, and still in effect; and (3) the agent had not exceeded and had properly exercised the authority. Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974 ), Sec. 8, eff. September 1, 2017.