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Keywords

attorneytrialtestimonyfiduciarytrustpower of attorneyfiduciary dutybreach of fiduciary dutyincapacitation
attorneytrialtestimonyfiduciarytrustpower of attorneyfiduciary dutybreach of fiduciary duty

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In re Estate of Palmer, 145 Wash.App. 249, 187 P.3d 758

Facts

The decedents, Alfred and Sarah Palmer, executed a revocable living trust and durable powers of attorney appointing their daughter, Dawn Golden, as attorney-in-fact. After Alfred's incapacitation and subsequent death, Golden managed their financial affairs. In 2006, Donald Palmer, the decedents' son and personal representative, filed a petition alleging that Golden had transferred funds from their accounts to herself, made unauthorized gifts, and failed to account for estate assets. The trial court found that Golden had converted estate assets and breached her fiduciary duties.

The decedents, Alfred and Sarah Palmer, executed a revocable living trust and durable powers of attorney appointing their daughter, Dawn Golden, as attorney-in-fact.

Issue

Did the trial court err in finding that Golden converted estate assets and breached her fiduciary duties as attorney-in-fact?

Did the trial court err in finding that Golden converted estate assets and breached her fiduciary duties as attorney-in-fact?

Rule

An attorney-in-fact has a fiduciary duty to act in the best interests of the principal and must account for all transactions involving the principal's assets. Any actions taken without specific authorization in the power of attorney are considered ineffective.

An attorney-in-fact has a fiduciary duty to act in the best interests of the principal and must account for all transactions involving the principal's assets.

Analysis

The court applied the rule by examining the evidence presented at trial, which included testimony that Golden opened a joint account using her power of attorney and transferred funds to herself after the decedent's death. The court found that Golden's actions constituted a conversion of estate assets and that she failed to provide a proper accounting, thus breaching her fiduciary duties.

The court applied the rule by examining the evidence presented at trial, which included testimony that Golden opened a joint account using her power of attorney and transferred funds to herself after the decedent's death.

Conclusion

The court affirmed the trial court's judgment in favor of the personal representative, holding that Golden's actions were unauthorized and constituted a breach of her fiduciary duties.

The court affirmed the trial court's judgment in favor of the personal representative, holding that Golden's actions were unauthorized and constituted a breach of her fiduciary duties.

Who won?

Donald Palmer, the personal representative of the estate, prevailed because the court found sufficient evidence of Golden's conversion of assets and breach of fiduciary duty.

Donald Palmer, the personal representative of the estate, prevailed because the court found sufficient evidence of Golden's conversion of assets and breach of fiduciary duty.

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