Bill

SB 41

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

Vote Recommendation

Yes
  • Neutral
  • Positive
  • Positive
  • Neutral
  • Positive

Author(s)

Judith Zaffirini

Sponsor(s)

Senfronia Thompson

Bill Caption

Relating to the demand for an accounting from an attorney in fact or agent of a principal by certain persons.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would maintain the rights that a principal has in demanding accountability from the individual who holds power of attorney over their property and finances. If a principal is unable to demand an account of their finances because of the principal’s mental or physical condition, then a guardian or spouse of the principal, or a person named as a successor attorney in fact or agent in the durable power of attorney, or an agent of the principal authorized to make health care decisions on the principal’s behalf may demand an accounting. 

Vote Recommendation Notes

SB 41 is in alignment with our individual liberty, property rights, and personal responsibility principles by creating more avenues for a person to demand accountability from a person who has power of attorney over their property and finances. For these reasons we support this bill. 

Organizations Supporting

Coalition of Texans with Disabilities
Mental Health America of Texas
National Alliance on Mental Illness (NAMI) Texas
National Association of Social Workers