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