In re Estate of Gagnon

In 2005, Cecile Poulin, then approximately eighty-five years old, asked her nephew, Paul Gagnon, to assist her with her financial affairs. In 2011, Poulin signed a durable power of attorney appointing Gagnon as her agent. In 2012, Gagnon died. In 2013, Poulin filed a claim against Gagnon’s Estate, alleging unauthorized withdrawal of funds, fraud, undue influence, and breach of fiduciary duty. After an evidentiary hearing, the probate court concluded that Gagnon had misappropriated Poulin’s funds and was not acting pursuant to the authority granted to him by the power of attorney. The court denied Poulin’s motion for attorney fees. The Supreme Judicial Court affirmed, holding (1) the evidence was sufficient to support the judgment; (2) there was no error in the court’s award of damages; and (3) the court did not abuse its discretion when it denied Poulin an award of attorney fees. View "In re Estate of Gagnon" on Justia Law