Legal Question in Wills and Trusts in Texas

Re: Power of Attorney

The Durable Power of Attorney statute was only brought into force Sept. 1, 1993. There's no Texas case law on point, and the statute does not limit who may be an attorney-in-fact.

The language says, "... designates another person as attorney in fact or agent..." and "person" under Texas law includes corporations and LLC's. If the legislature wished to limit it to individuals, they would have said, "individuals", but they did not. That's the way statutes are usually (but not always) construed.

If you appoint an individual, you'd have no problem. If you appoint a corporation, you may well have set the basis for a case to go all the way up the the Supreme Court of Texas.