Smith v. Folsom Investors CA3

FACTS AND PROCEEDINGS

Power of Attorney In November 2016, decedent executed a durable power of attorney (DPOA) that appointed Zenker as her attorney-in-fact. The DPOA was effective “immediately” and was not to be affected by any subsequent disability or incapacity. The preliminary section of the DPOA stated in bold, capitalized font: “This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf.” (Boldface and capitalization omitted.) The preliminary section concluded: “You should read this durable power of attorney carefully. When effective, this durable power of attorney will give your agent the right to deal with property that you now have or might acquire in the future. The durable power of attorney is important to you. If you do not understand the durable power of attorney, or any provision of it, then you should obtain the assistance of any attorney or other qualified person.” (Boldface and capitalization omitted.) The DPOA set forth multiple activities in which Zenker was authorized to engage as attorney-in-fact: real estate transactions,…