According to the provisional facts of the case discussed herein, Frank Gagnon was not aware of Joan Gagnon’s attorney power until she executed the conveyance (Ashcroft & Ashcroft, 2010). Owing to the development of the case, there exists a relatively significant amount of disharmony between Frank Gagnon and Joan Gagnon. The basis of the difference between the siblings surfaces from the exchange of recriminations involving the optimal care of their parents. The differences are as well brought about by accusations of alleged misuse of assets as well as the intimations of the undue influence of Gagnon with respect the revocation of Joan Gagnon’s power of attorney
One primary concern is about determining if Joan Gagnon had the right to convey the Shelburne fart to a trust she had established. Well, according to the provisions of Section 5 in G.L. c. 201B, as inserted by St. 1981, c. 276, Section 2, it is possible to determine if she had the necessary rights. According to that section, all the acts done in good faith are fit to be considered for the non-termination of powers of the attorney at that time. The necessary condition for the above to hold true is for the individual to be unaware of the termination of the attorney powers by the time of the execution (McDonald, 2013). Since all that holds true with Joan Gagnon, it is correct to hold to the fact that she had the right to convey the farm to the trust.
However, how does the above situation affect the ownership of the property? Conveying the Shelburne property to the trust leads to an ambiguity of who owns the firm between the trust and Mr. Gagnon. However, according to the records provided to the judge, only Joan Gagnon signed the trust formation document. There is an “Acceptance of Trust” document appointing fellow siblings as trustees, but it was un-notarized, unexecuted, and un-witnessed. As a result, the conveyance was null and void due to Joan Gagnon’s misconduct as an agent (HG.org, 2015). Therefore, the Shelburne property ownership rightfully remains to Mr. Gagnon.
Ashcroft, J., & Ashcroft, J. (2010). Cengage Advantage Books: Law for Business. Mason: Cengage Learning.
HG.org. (2015). Agency Law. Retrieved April 8, 2015, from hg.org: http://www.hg.org/agency-law.html
McDonald, S. P. (2013). Powers of Attoney. Retrieved April 8, 2015, from fletcherhilton.com: http://www.fletchertilton.com/pdf/litigation-articles/Crockers%20Notes%20on%20Common%20Forms.pdf
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