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  1. #1

    Default Can You Use a Durable Power of Attorney in Other States

    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.)

  2. #2
    Join Date
    Jan 2007
    Posts
    204

    Default Re: Does a Louisiana Power of Attorney Retain Its Durability in Texas

    First, Louisiana law doesn't have "power of attorney" in its code (power of attorney is a common law concept); there are "procurations" and "mandates" depending on how the act is drafted. The "durability" should hold in Texas you correctly stated that Louisiana's act doesn't have a limit unless specifically stated. A Texas judge should hold that standard; however, many judges will apply their own points of view regardless, so it's not 100% guaranteed.

    As far as you being sued, they're going after all pockets. You need a good attorney to deal with this.

  3. #3

    Default Re: Does a Louisiana Power of Attorney Retain Its Durability in Texas

    Thanks for the input. Correct, in LA it's a contract of mandate. Curiously, the form uses the terminology "Power of Attorney".

    I understand the Justice of the Peace (small claims is in JP court) has the power to decide.

    UPDATE: Looking again the the POA document, I see now that medical expenses are included in a paragraph entitled "Durable Health Care Power of Attorney" which is clearly durable by its language, so that might boost my chances.

    It's a questionable bill from a pharmacy that delivered meds to the nursing home; I requested substantiation and they responded 7 months later with a threat of legal action, followed shortly by a summons. I'll pay if they can produce the paperwork, but if they want to sue, I think they need to sue the proper defendant in the proper venue (the county probate court should have exclusive jurisdiction over this case).

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