Texas Senate Bill SB763

Texas 2019 - 86th Regular

Caption

Relating to a creditor's remedies with respect to certain delinquent payments owed by an elderly person who has an agent appointed under a durable power of attorney.

Impact

The introduction of this bill could have significant implications for state laws governing creditor-debtor relationships, particularly in ensuring that elderly individuals are not unfairly evicted or penalized when they have appointed an agent to handle their financial responsibilities. By requiring creditors to notify the agent and allowing for judicial review of the agent's conduct before proceeding with eviction, the bill aims to create a safeguard for older adults against aggressive debt collection practices.

Summary

SB763 addresses the responsibilities of creditors regarding delinquent payments owed by elderly individuals aged 65 and older who have an agent appointed under a durable power of attorney. The bill mandates that if a creditor is aware that an elderly debtor has designated an agent for such payments, they must first notify the agent of the delinquency before taking any adverse actions, such as initiating eviction proceedings. This is intended to protect elderly individuals who may be unable to manage their payments directly due to age-related issues.

Contention

While supporters of SB763 argue that it is a necessary measure to protect vulnerable elderly individuals, it may face opposition from creditors who argue that the requirements could complicate the collections process and hamper their ability to respond effectively to delinquent accounts. Critics may also raise concerns about the potential for increased litigation resulting from disputes over the notification requirements, which could add to the burdens on the court system.