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ARTICLE · 19 MARCH 2026

Limitations On A Texas Agent's Authority

Dinsmore & Shohl LLP
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Texas has adopted its version of the Uniform Durable Power of Attorney Act (the Act), now contained in Texas Estates Code...

United StatesStrategy
Alan Sanders
Alan Sanders

Swiss Army knives are known for having a wide variety of tools and accessories included in a compact package. But they are no substitute for a basin wrench when attempting to remove a kitchen sink from a cabinet fixture. As is the case for a competent trade worker, a planner should be aware not only of the uses but also of the limitations of the instruments in their planning toolbox. This article addresses some, but not all, of the limitations on a Texas agent's authority.

Texas has adopted its version of the Uniform Durable Power of Attorney Act (the Act), now contained in Texas Estates Code, Title 2, Subtitle P. TEX. EST. CODE ANN. § 751.001. Within Subtitle P, Chapter 751 contains general provisions regarding durable powers of attorney, and Chapter 752 addresses particular aspects of these instruments and contains a statutory form. TEX. EST. CODE ANN. §§ 752.001–.115 (providing a form of a Statutory Durable Power of Attorney, or "SDPOA" in Section 752.051). That

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