Kovtun

INTRODUCTION

In this contested probate proceeding, a sister filed a petition to revoke her brother’s authority to serve as attorney-in-fact for their elderly father under a durable power of attorney. Shortly after the brother filed a verified objection to the petition, the probate court held an initial hearing. At the hearing, brother’s counsel asked the court to dismiss the petition pursuant to

Probate Code1 section 4543. The court granted the motion and dismissed the petition with prejudice, and in doing so resolved disputed issues without considering competent evidence. About one month later, this court issued its opinion in Dunlap v. Mayer (2021) 63 Cal.App.5th 419, 425‒427 (Dunlap), holding a similar dismissal violated relevant procedural provisions and was an abuse of discretion. Relying on Dunlap, we reverse the order of dismissal and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual Background Alleged in the Petition

On August 17, 2017, Jay Kovtun2 executed a “Durable Power of Attorney for Financial Matters” (DPOA) that granted certain persons nominated to serve as attorneys-in-fact the authority to exercise the powers

described in sections…