Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 10

Dennis Vackar suffered severe spinal injuries, resulting in paralysis and the use of a ventilator when he fell eight feet from the bucket of a front-end loader. He was estranged from his wife, Betty, and son, Dustin. Hospital staff suggested Dennis execute a durable power of attorney, which he did naming his sister, Magdalen (Maggie) Marbry, to be his agent. The document stated, "I, Dennis Vackar, appoint Maggie Marbry as my agent (attorney-in-fact) to act for me.... " Dennis signed by placing his thumbprint on the document. Using the power of attorney and at Dennis' request, Marbry named herself the beneficiary of his life insurance policy. His health declined, and Dennis decided to discontinue treatment and all supportive care. He died shortly thereafter. In a court proceeding that followed, Betty argued that the durable power of attorney was not valid. Had Dennis executed a power of attorney?