Torres

In this case we hold a valid power of attorney may be created even though in using the statutory form the principal places an X instead of her initials next to the line conferring the powers.

FACTS AND PROCEEDINGS BELOW

The facts are undisputed.

Josephine Torres executed two documents on the same day. The first document was a will leaving her estate to her nephews Albert A. and Raymond Torres. The second document was a power of attorney on the form set out in Probate Code section 4401. The power of attorney named Albert and Raymond her attomeys-in-fact and purported to grant them, or either of them acting alone, “all of the powers listed above”—that is, all the powers enumerated on the statutory form including the power to buy and sell real estate and engage in estate, tmst and other beneficiary transactions for Josephine.

Although the statutory form states in large capital letters “TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF [line] (N)” Josephine placed an X in front of line (N) instead of her initials.

The following year Albert executed a quitclaim deed on Josephine’s behalf deeding her home to him, his brother Raymond and herself as joint…