Form Health Care Power Of Attorney Does Not Create A Presumption Of Undue Influence For Property Transactions
April 16th, 2013
We’ve previously noted that litigation involving powers of attorney is popular right now. Powers of attorney take on particular importance in undue influence cases because they can turn the case on its head by creating a presumption of undue influence. The reason why is that a power of attorney can create a fiduciary relationship between the principal and agent.
But not all powers of attorney are created equal. In In re: Estate of Stahling, an Illinois appellate court recently answered the important question of whether a health care power of attorney creates a fiduciary relationship with respect to the execution of a deed transferring property to the agent which, as a matter of law, raises a presumption of undue influence. (more…)