My question involves a power of attorney across state lines.
In Louisiana, a POA is durable by default, unless it states otherwise. In Texas, a POA is NOT durable unless specifically stated.
My father, a Louisiana resident, executed a valid general POA naming me, a Texas resident as his agent. While in Texas, he became incapacitated and subsequently died.
During his incapacity in Texas, I had no problems exercising my authority, but I am now being sued personally for some disputed medical costs based on my signature as his agent.
Did my father's POA lose its durability in Texas?
This hasn't come up yet -- it's small claims so discovery doesn't apply, nor do the normal rules of evidence -- but I suspect it might.
I believe that if the judge agrees that it's a debt of the estate, they'll have to petition the probate court to open an administration (the will was probated in Louisiana without adninistration.)