The traditional and most common method of estate planning involves a will and various disability documents.  One advantage of a living trust is its usefulness in the event of incapacity.  However, a statutory durable power of attorney may accomplish the same thing in case of incapacity.  While some banks and others are reluctant to accept and act on a power of attorney, the Texas Statutory Durable Power of Attorney is generally accepted at most banks and financial institutions.

Last updated on January 6, 2011 by Glenn Karisch