If someone forges a power of attorney and intends to harm or defraud someone by doing so, is it only a Class "A" misdemeanor? A power of attorney doesn't seem to fit within the listed items that would bump it up to a felony level.

It may fit under 32.51 depending on what identifying information they used in the document. Name only won't get you there but, if they used name and date of birth I think you could use 32.51 SJF

thanks...hadn't even considered that!!!

Could you make the argument that a power of attorney is a commercial instrument? Forging a power of attorney would give the perpetrator access to or the ability to forge many of the remaining documents listed in 32.21(d). Some may be specifically listed in the power of attorney. Take a look at Shipp vs. State, 331 S.W.3d 433. Looks like the definition of a commercial instrument is largely up for interpretation.

Also, was the power of attorney notarized?

Was a big pot of money at issue? Could it be attempted theft of an amount that puts you in a punihsment range more to your liking?

Don't forget about the 32.21 enhancement, which would make the Class A offense a Felony, if your victim is elderly, or 32.53 if you have elderly/child/disabled victim.