Allard v. Johnson

KAPSNER, Justice.

[¶ 1] Viola Allard (“Allard”) appeals from a judgment in which the district court did not apply a statutory presumption of insufficient consideration and undue influence by her attorney-in-fact. We reverse and remand for further proceedings.

I

[¶ 2] Allard, a 76-year-old blind woman, brought suit against her former caregiver and attorney-in-fact under a durable power of attorney, Karen Johnson (“Johnson”). Johnson allegedly made unauthorized withdrawals from Allard’s bank account, totaling $28,176.75, for which Johnson cannot provide accounting; purchased a new 2004 GMC pickup…