HB 1974

85(R) - 2017
House Judiciary & Civil Jurisprudence
Senate State Affairs
House Judiciary & Civil Jurisprudence
Senate State Affairs

Companion Bill

SB 926

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


John Wray


José Rodríguez

Bill Caption

Relating to durable powers of attorney.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 1974 would establish an instrument as a durable power of attorney if it follows certain criteria. A durable power of attorney executed in this state or another another is valid if it meets certain compliance standards. The meaning and effect of a durable power of attorney is determined by the law of the indicated jurisdiction, with exceptions. The procedures for the appointment of co-agents and successor agents, and the acceptance of appointment as an agent would be established. 

The durable power of attorney may grant an agent: general authority to a certain extent, the authority to make gifts, and the authority to create or change certain designations. In concurrence with existing powers, the agent or attorney in fact may enter into mineral transactions, perform all acts necessary in relation to the principal's mail, and other related duties. The role of the attorney in fact would no longer be applicable in current code dealing with: the durable power of attorney, bankruptcy proceedings, fiduciary duties, the maintenance of records, accounting, compliance issues, and the guardian of estates as all responsibilities would be transferred to the agent. Certain factors would lead to the termination of the durable power of attorney and the authority of the agent. Lastly, a cause of action for a refusal, and other civil remedies would instituted.  

Vote Recommendation Notes

Due to the procedural nature of this bill, HB 1974 does not appear to have a connection to our liberty principles, and we remain neutral.