Power of Attorney
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Case Details
An Illinois appellate court held that a spouse designated as a power of attorney who engages in self-dealing is presumed to be exerting undue influence or engaging in fraud.
Additional Notes
The court noted the agent had engaged in numerous financial transactions solely for her own benefit and failed to keep accurate records. Her self-interested actions, combined with the principal’s declining mental capacity and a premarital agreement, factored into the court’s determination.
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