Wabner v. Black

LAMBERT, Chief Justice.

Pursuant to CR 76.20, discretionary review was granted to consider whether this Court should adopt a per se rule of law which prohibits attorneys in fact from making gifts to themselves, without explicit written authorization by the grantor, pursuant to a durable power of attorney.

On March 11, 1994, elderly George Tapp executed a durable power of attorney in favor of his niece, Nancy Wabner. He had recently relocated from Evansville, Indiana, to Poole, Kentucky, where he lived with his sister, Leona Poole. According to Ms. Wabner, after her uncle executed the power of…