Estate of Graham v. Morrison

Defendants appeal from a grant of partial summary judgment in favor of the plaintiff. We reverse and remand for trial.

I. Background

In May 2000, Thomas Graham, a diabetic amputee, was in poor health. Mr. Graham’s niece, Lucille Morrison (“Lucille”), helped care for Mr. Graham and often stayed with him during the night. Lucille also cared for Mr. Graham’s wife, Melinda, prior to her death in 1991.

On 31 May 2000, Mr. Graham granted Lucille a durable and general power of attorney. Lucille signed Mr. Graham’s name to the power of attorney at his request. The power of attorney grants Lucille broad…