Healey v. Healey, 529 S.W.3d 124 (Tex. App.—Tyler 2017, pet. denied).


Power of Attorney


The appellate court determined that an agent under an “old” durable power of attorney had standing to challenge the validity of a “new” durable power of attorney as the agent, the principal’s son, had a personal stake in the controversy.


The power of attorney stated that it was to be effective immediately. The appellate court agreed with the trial court that it would have been error to submit a question to the jury as to when the power of attorney was to take effect. The provision was unambiguous and its construction is a matter of law.


Moral:  The case involved a tremendous family dispute between parents and their children and the children among themselves. In addition to trust and power of attorney issues, there were assertions of defamation. The case shows what happens when family members turn into adversaries. So, I conclude the moral is for family members to act with kindness and honesty with regard to each other at all times.