82 A.3d 1284
N.H.2013Background
- Daniel A. Eaton appeals a summary judgment favoring his mother Mary Louise Eaton and her guardian Michael Eaton in a dispute over legal fees incurred in guardianship proceedings.
- Dean Eaton petitioned for guardianship of Mrs. Eaton in 2010; the petitioner and Dean settled to have Michael as guardian.
- The petitioner sought payment of his attorney fees under RSA 464-A:43, claiming he acted as Mary Lou Eaton’s attorney-in-fact under a durable general power of attorney executed in October 2004.
- Respondents argued (1) acts were for petitioner’s own benefit, (2) the POA lacked the required acknowledgment, and (3) petitioner admitted he only acted under the POA to obtain medical records.
- The trial court granted summary judgment on the acknowledgment issue, holding the lack of an acknowledgment barred petitioner from acting under the POA.
- On appeal, the issue is whether absence of the acknowledgment precludes acting under the POA; the court reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether absence of an acknowledgment precludes acting under the POA. | Eaton argues the POA can be used despite no acknowledgment. | Eaton contends the acknowledgment is mandatory to authorize use. | No; the court held the POA is not “otherwise valid” without acknowledgment, so petitioner could not act. |
Key Cases Cited
- In re Guardianship of Eaton, 163 N.H. 386 (2012) (precedent on guardianship and fees)
- Schiavi v. City of Rochester, 152 N.H. 487 (2005) (statutory interpretation and validity concepts)
- Appeal of Union Tel. Co., 160 N.H. 309 (2010) (principles for interpreting related statutes to avoid conflict)