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Appeals court questions when power of attorney permits large self‑dealing gifts
Summary
Attorneys contested whether large gifts made under a power of attorney reflected the decedent’s donative intent and whether heightened scrutiny for fiduciary self‑dealing applies; appellants argued insufficient corroboration, while respondents pointed to drafting counsel testimony and contemporaneous estate planning.
The court heard argument over whether large gifts that benefitted an agent under a power of attorney were supported by the decedent’s donative intent and whether the power of attorney’s standard gifting language authorized self‑dealing.
Counsel for Tracy Fern argued that the record lacks the evidence necessary to support…
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