The applicant, through her litigation guardians, sought a declaration that her late husband breached his fiduciary duty while acting as her power of attorney for property.
The husband had severed the joint tenancy on their home, sold it, and transferred $500,000 of the proceeds into an account for his sole benefit, leaving nothing for the applicant in his will.
The court found that the husband breached his fiduciary duty by using the funds for his own benefit without the incapable applicant's consent.
The court ordered the husband's estate to pay $253,431.95 in restitution and interest to the applicant's estate.
