Bank IV Olathe v. Capitol Fed'l Savings & Loan Ass'n

The opinion of the court was delivered by

McFarland, J.:

This is an action by the estate of a decedent to recover funds paid to an individual operating under a power of attorney executed by the decedent. The district court entered summary judgment in favor of one of the two defendant savings and loan institutions, and the estate appeals therefrom.

*542The facts may be summarized as follows. On June 15, 1987, Tillie A. Flinn executed a durable power of attorney designating her nephew James C. Flanders and/or Martha E. Flanders (James’ wife) as her attorneys in fact. Tillie’s signature on the power of…