In re: the Estate of Stahling

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (4th) 120271
Decision Date: 
April 3, 2013
District: 
4th Dist
Division/County: 
Jersey Co.
Justice: 
HARRIS
Holding: 
Certified question answered.
The existence of a health care power of attorney does not, by itself, raise a presumption of undue influence in the execution of a deed naming the agent under the health care power of attorney as a joint tenant in the deed. Although a health care power of attorney may create a fiduciary relationship between the power's principal and agent, the scope of that relationship is limited solely to matters involving the principal's health care. (APPLETON and TURNER, concurring.)