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Tex. Est. Code § 751.121

DUTY TO NOTIFY OF BREACH OF FIDUCIARY DUTY BY OTHER AGENT

Known as the Durable Power of Attorney Act

The act spans §§ 751.001 to 753.002 (76 sections).

Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff

(a) An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate under the circumstances to safeguard the principal's best interest. An agent who fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken the action.

(b) Except as otherwise provided by Subsection (a) or the durable power of attorney, an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.