Texas § ES.751.212 - CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE POWER OF ATTORNEY

Full text of Texas The Texas Constitution § ES.751.212 — CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE POWER OF ATTORNEY, with citation guidance and answers to common questions.

§ ES.751.212. CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE POWER OF ATTORNEY

CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE POWER OF ATTORNEY. (a) The principal or an agent acting on the principal's behalf may bring an action against a person who refuses to accept a durable power of attorney in violation of this subchapter. (b) An action under Subsection (a) may not be commenced against a person until after the date the person is required to accept the durable power of attorney under Section 751.201 . (c) If the court finds that the person refused to accept the durable power of attorney in violation of this subchapter, the court, as the exclusive remedy under this chapter: (1) shall order the person to accept the power of attorney; and (2) may award the plaintiff court costs and reasonable and necessary attorney's fees. (d) The court shall dismiss an action under this section that was commenced after the date a written statement described by Section 751.207 (b) was provided to the agent. (e) Notwithstanding Subsection (c), if the agent receives a written statement described by Section 751.207 (b) after the date a timely action is commenced under this section, the court may not order the person to accept the durable power of attorney, but instead may award the plaintiff court costs and reasonable and necessary attorney's fees as the exclusive remedy under this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974 ), Sec. 8, eff. September 1, 2017.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § ES.751.212

What does The Texas Constitution § ES.751.212 cover?

Section ES.751.212 ("CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE POWER OF ATTORNEY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § ES.751.212?

A common citation format is "The Texas Constitution § ES.751.212" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § ES.751.212 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.