In re: the Estate of Stahling, 987 N.E.2d 1033

Decedent executed a 2005 deed transferring land to himself and Stahling Jr. as joint tenants with rights of survivorship.
Koehler, decedent’s daughter, sought probate authorization to expend estate funds to investigate possible recovery of the property.
Hamilton concluded there was no fiduciary relationship absent a power of attorney and no clear evidence of undue influence; advised not to retain special counsel.
A health care power of attorney dated Aug. 26, 2005 naming Stahling Jr. as agent was discovered in 2010, after earlier investigation.
Health care POA alone does not create a fiduciary relationship or presume undue influence in property transactions; agent’s acceptance and scope were not shown.
Appellate court certified the question under Rule 308 and answered that a health care power of attorney does not create a fiduciary relationship triggering a presumption of undue influence in the deed in question.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does a health care power of attorney create a fiduciary relationship that presumes undue influence in a deed?	Koehler argues HCPOA creates fiduciary relationship and presumption.	Stahling Jr. contends HCPOA does not create fiduciary relation or presumption in property deeds.	No; HCPOA does not create a fiduciary relationship or presumption in this context.

In re Estate of DeJarnette, 286 Ill. App. 3d 1082 (1997) (fiduciary relationship effects and undue influence analyzed)
McDonald v. McDonald, 408 Ill. 388 (1951) (conveyances outside fiduciary relation are not presumptively fraudulent)
In re Sechrest, 537 S.E.2d 511 (2000) (agent fiduciary limited to scope of agency; health care power not broad to Will)
Apple v. Apple, 407 Ill. 464 (1950) (confidential relationships and fiduciary duties; standard for proof)
McDonald v. McDonald, 408 Ill. 388 (1951) (scope of fiduciary relationships limits presumption of undue influence)