In Texas, an attorney-in-fact has a statutory duty to timely inform and account for actions taken pursuant to the power of attorney. This duty also encompasses the duty to maintain records for each action taken under the power of attorney. The primary challenge in obtaining information from the attorney-in-fact about the principal’s property is the issue of who has the legal standing to demand such information. Texas Probate Code section 489B(d) provides that the principal may demand an accounting from the attorney-in-fact. In cases where the principal lacks the capacity to request the accounting, many legal commentators note that only a guardian or an executor would have the standing to demand a statutory accounting or enforce the principal’s right to require the attorney-in-fact to disclose information. It addition, it appears from the language of section 489B(i) that the right to make a statutory demand for an accounting or other information extends to any person the principal designates. Unfortunately, few powers of attorney include such precautionary provisions.

If you know a family member who you believe is being taken advantage of by someone whom they have named as their power of attorney, you should contact an attorney immediately to understand your legal options relative to obtaining information about all actions taken by the attorney-in-fact. For more information or to discuss your options, please contact us at (972) 991-7700.

Category : Guardianship Law &Probate Law

2 Comments → “Attorney-In-Fact”

  1. Peggy Tasler
    7 years ago

    Do heirs have a right to demand an accounting of an attorney in fact during the incapacity of the parent? The parent had Alzeimers and there appears to have been self dealing which has diminished the estate. Do heirs have standing to ask for an accounting. The POA says a personal representative can ask for an accounting.

  2. David Banks
    5 years ago

    Do I NEED an Attorney-In-Fact when initiating or claim to receive my Retirement (T R S Texas Teacher Retirement System) Annuity, Funds & Payments. I’m also requesting a Partial Lump Sum Option(PLSO)…..E-mail some information PLEASE!