Willis

xThe basic facts are not in dispute. On February 13, 1968, one Barney T. Carver (hereinafter “Carver”) was hospitalized in the Veterans Administration Hospital, Long Beach. On March 5, 1968, he executed a general power of attorney in favor of Jean Willis, plaintiff and respondent. On March 21, 1968, plaintiff presented the power of attorney to a Mr. Smith, manager of South Gate-Walnut Park Branch of Bank of America (hereinafter “defendant bank”) and sought to withdraw $3,000 from Carver’s commercial account located at said bank. Mr. Smith refused the request but gave plaintiff two authorization cards that upon proper signature by Carver would transfer the account to a joint tenancy account between Carver and plaintiff. On March 26, 1968, at the hospital, Carver signed the two authorization cards by his “X” as provided by law, and a physician’s statement was signed by a Dr. Yrigoyen to the effect that Carver was competent and needed representation. Photostatic copies were immediately made of the cards and the doctor’s statement, but somehow the original cards were lost between the time of photostating and March 28. On March 28, a Mr. Incledon, a friend of plaintiff, at her…