ERNEST A. KOTSCH, Appellant, v. ERNEST C. KOTSCH, individually and as Trustee of the "KOTSCH FAMILY IRREVOCABLE TRUST," Appellee., 608 So. 2d 879

Summary

Appellant father issued appellee son a revocable power of attorney. Concerned that appellant's romantic interest was attempting to alienate appellant from appellee, appellee transferred much of appellant's property into a trust. Appellant sued appellee, individually and as trustee for the trust, for a declaration that the trust was void. The circuit court entered final judgment for appellee and awarded appellee attorney's fees. The court reversed the judgment of the circuit court, ruling that the power of attorney conferred upon appellee no power over the disposition of appellant's property without appellant's consent. Because the purpose of the power of attorney was to provide for appellant, the court ruled that appellee only had power to execute transfers or sales of property that would provide present value to appellant. The court held that appellee exceeded his authority when he transferred property in an effort to protect his interest as a potential beneficiary of the trust funds,...