Mintner v. Mintner

Deborah Mintner appeals the circuit court’s judgment, following a jury trial, in favor of Joseph Mintner on his claim that Deborah breached her fiduciary duty as the attorney-in-fact under the Durable Power of Attorney of their mother, Eugenia Mintner. We affirm.

Background

In June 2011, Eugenia1 executed a Du-rablé Power-of Attorney (DPOA) and her Last Will and Testameht. The DPOA named Joseph as her attorney-in-fact. A little over a year later, on July 11, 2012, Eugenia amended her DPOA to name Deborah as her attomey-in-fact. The DPOA did not contain a provision allowing the attorney-in-fact…