Aiello v. Clark

OPINION

MOORE, Justice.

Donna Aiello, individually and as co-conservator of the estate of Fern Palfy, appeals the judgment of the superior court refusing to set aside an Assignment of Beneficial Interest or, in the alternative, award damages. Palfy purported to act for herself and as attorney in fact for Aiello in assigning a note which they held as joint tenants. Aiello alleges that the assignment was beyond Palfy’s general power of attorney and in violation of the Palfy Family Trust. We agree and reverse the judgment of the superior court.

I. Factual Background

Raymond Clark and Donna Aiello…