Texas Probate Code - Section 486. Knowledge Of Death, Guardian Of Estate, Revocation, Divorce, Or Marriage Annulment; Good-Faith Acts
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§ 486. KNOWLEDGE OF DEATH, GUARDIAN OF ESTATE, REVOCATION, DIVORCE, OR MARRIAGE ANNULMENT; GOOD-FAITH ACTS. (a) The revocation by, the death of, or the qualification of a guardian of the estate of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the termination of the power by revocation, by the principal's death, or by the qualification of a guardian of the estate of the principal, acts in good faith under or in reliance on the power. (b) The divorce of a principal from a person who has been appointed the principal's attorney in fact or agent before the date on which the divorce is granted or the annulment of the marriage of a principal and a person who has been appointed the principal's attorney in fact or agent before the date the annulment is granted does not revoke or terminate the agency as to a person other than the principal's former spouse if the person acts in good faith under or in reliance on the power. (c) Any action taken under this section, unless otherwise invalid or unenforceable, binds successors in interest of the principal. Added by Acts 1993, 73rd Leg., ch. 49, § 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 455, § 2, eff. Sept. 1, 1997.
Last modified: August 11, 2007