Petition, who is Guardian of person and estate of disabled adult, Agnes, filed suit against Respondent and others to recover assets that Petitioner alleged were improperly acquired from Agnes. Because Agnes's transfers of property to Respondent were within scope of property power of attorney, transfers gave rise to presumption of fraud, even though almost all transfers were signed by Agnes personally and not by Respondent as agent under power of attorney. Respondent did not use her power of attorney to acquire great majority of gifts given by Agnes. Presumption of fraud was overcome by clear and convincing evidence that transactions were fair and equitable, and existence of fiduciary relationship between Agnes and Responded did not invalidate transactions at issue. (CATES and MOORE, concurring.)
Illinois Appellate Court
Civil Court
Powers of Attorney