Bryant v. Bryant

This case presents the issue of whether a power of attorney authorizes gift transfers of community property. We hold a power of attorney does not permit gifts of community property unless such authority is expressly provided in the instrument.

Facts

Elaine and Frederick Bryant were married in 1955. The Bryants established Halo Homes, Inc., a land development company. When Halo Homes was incorporated, 499 shares were allocated to Frederick Bryant and 1 share was allocated to Elaine. Elaine was not actively involved in the running of the company, and in May 1968, she executed a general power of…