Texas Senate Bill SB41

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

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

Impact

This bill amends existing estate laws in Texas, particularly the Estates Code, to increase the legal responsibilities of attorneys in fact. It applies to both existing and future durable powers of attorney, reinforcing the expectation that agents must maintain detailed records and be accountable to the principal and designated individuals. If an agent fails to comply within a specified timeframe, the bill also underscores the principal's right to file a lawsuit for non-compliance, potentially increasing litigation surrounding fiduciary duties in Texas.

Summary

SB41 addresses the requirements for an attorney in fact or agent to provide an accounting of their actions on behalf of a principal. It allows certain individuals, including family members and successor agents, to demand an accounting to ensure that the principal's interests are being properly managed. The proposed legislation delineates what must be included in the accounting, such as all receipts, disbursements, liabilities, and property controlled by the agent, thereby enhancing transparency in the administration of power of attorney relationships.

Sentiment

The sentiment surrounding SB41 is generally supportive, as it seeks to protect the interests of individuals who may not be able to manage their affairs due to incapacity or other circumstances. Proponents argue that the legislation promotes accountability and serves as a safeguard against potential misuse of power by agents. However, there are concerns from some quarters regarding the administrative burden it may impose on agents, particularly those acting in good faith who may find the requirements cumbersome.

Contention

Key points of contention involve the balance between safeguarding the principal's interests and ensuring that agents can perform their duties without excessive bureaucratic hurdles. Critics may argue that while transparency is important, the stringent requirements could discourage individuals from serving as attorneys in fact due to fears of legal repercussions or complexities involved in maintaining compliance. As this bill seeks to enhance accountability, it raises questions about how to appropriately enforce these responsibilities without hindering the effective operation of power of attorney arrangements.