Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 751.207: WRITTEN STATEMENT OF REFUSAL OF ACCEPTANCE REQUIRED.

(a) Except as provided by Subsection (b), a person who refuses to accept a durable power of attorney under this subchapter shall provide to the agent presenting the power of attorney for acceptance a written statement advising the agent of the reason or reasons the person is refusing to accept the power of attorney.
(b) If the reason a person is refusing to accept a durable power of attorney is a reason described by Section 751.206(2) or (3):
(1) the person shall provide to the agent presenting the power of attorney for acceptance a written statement signed by the person under penalty of perjury stating that the reason for the refusal is a reason described by Section 751.206(2) or (3); and
(2) the person refusing to accept the power of attorney is not required to provide any additional explanation for refusing to accept the power of attorney.
(c) The person must provide to the agent the written statement required under Subsection (a) or (b) on or before the date the person would otherwise be required to accept the durable power of attorney under Section 751.201.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.

Where this section sits in the code

ESTATES CODE
TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
SUBTITLE P. DURABLE POWERS OF ATTORNEY
CHAPTER 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF ATTORNEY
SUBCHAPTER E. ACCEPTANCE OF AND RELIANCE ON DURABLE POWER OF ATTORNEY

(b) If the reason a person is refusing to accept a durable power of attorney is a reason described by Section 751.206(2) or (3):

(1) the person shall provide to the agent presenting the power of attorney for acceptance a written statement signed by the person under penalty of perjury stating that the reason for the refusal is a reason described by Section 751.206(2) or (3); and

(2) the person refusing to accept the power of attorney is not required to provide any additional explanation for refusing to accept the power of attorney.

(c) The person must provide to the agent the written statement required under Subsection (a) or (b) on or before the date the person would otherwise be required to accept the durable power of attorney under Section 751.201.

Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 8, eff. September 1, 2017.

Collected 2026-08-27T01:47:08Z. Source file · JSON

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