How the 2017 Texas Legislature Modernized Durable Powers of Attorney

Abstract

The 2017 Texas Legislature enacted significant revisions to the Durable Power of Attorney Act found in Estates Code Chapters 751 and 752. The recent additions to the Act are based on the Uniform Statutory Durable Power of Attorney Act, which has already been enacted in twenty-four other states. Despite it bearing only a slight resemblance to the Uniform Act following its makeover in the legislative process, the Uniform Law Commission considers the Texas version “close enough” to be deemed an enactment of the Uniform Act. This article highlights the most significant changes to the Act.

Keywords: Power of Attorney, Durable Power of Attorney, Texas, Estate Planning

JEL Classification: K11