SB 926

85(R) - 2017
Senate State Affairs
Senate State Affairs

Companion Bill

HB 1974

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


José Rodríguez

Bill Caption

Relating to durable powers of attorney.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 926 would update statute with respect to durable powers of attorney, and would allow the principal to designate an multiple agents or successor agents. The authority of the agent or agents would be clarified to include the power to:

  • create, amend, revoke, or terminate an inter vivos trust;
  • make a gift;
  • create or change rights of survivorship;
  • create or change a beneficiary designation;
  • delegate authority granted under the power of attorney;
  • create or change certain beneficiary designations;
  • notify of breach of fiduciary duty by another agent; and
  • preserve principal's estate plan

Procedures regarding the agent's authorities would established. This bill would create several causes of action related to durable power of attorney. Several sections inconsistent with the terms established in the bill would be repealed. 

Vote Recommendation Notes

SB 926 is a procedural or administrative bill that addresses an issue that is well within the legislature's proper role to address but which does not appear to have a connection to our liberty principles, therefore we remain neutral.