Gordon

I. FACTS AND PROCEDURAL HISTORY

A. Randall’s Durable Power of Attorney On June 8, 2019, Janet signed a Durable Power of Attorney and Nomination of Conservator (DPOA), appointing Randall and two other individuals as her “co-attorneys-in-fact,” who were jointly and severally authorized to act on her behalf and in her “name, place, and stead” as set forth in the DPOA. The first page of the DPOA informed Janet that the document “may provide the person you designate as your attorney-in-fact with broad powers to dispose, sell, convey, and encumber your real and personal property, and to use your property as security if your agent borrows money on your behalf.” (Capitalization removed.) It further advised that the DPOA “does not authorize anyone to make medical and other health care decisions for you.” The ensuing paragraphs of the DPOA spelled out the agents’ authority. Paragraph 5, for example, empowered Randall to “demand, arbitrate, and pursue litigation on [Janet’s] behalf concerning all rights and benefits to which [Janet] may be entitled; and to compromise, settle, and discharge all such matters as the agent considers appropriate under the circumstances.” Other paragraphs gave…