Sec. 166.165. CIVIL ACTION  


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  • (a) A person who is a near relative of the principal or a responsible adult who is directly interested in the principal, including a guardian, social worker, physician, or clergyman, may bring an action in district court to request that the medical power of attorney be revoked because the principal, at the time the medical power of attorney was signed:

    (1) was not competent; or

    (2) was under duress, fraud, or undue influence.

    (b) The action may be brought in the county of the principal's residence or the residence of the person bringing the action.

    (c) During the pendency of the action, the authority of the agent to make health care decisions continues in effect unless the district court orders otherwise.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991. Renumbered from Civil Practice & Remedies Code Sec. 135.017 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.