- 9 - See also Kuder v. United Natl. Bank, 497 A.2d 1105, 1108 (D.C. App. 1985); In re Berry's Estate, 329 N.Y.S.2d 915, 916 (N.Y. Sur. 1972); cf. In re Estate of Head, 94 N.M. 656, 615 P.2d 271, 274 (App. 1980) (trial court's finding that defendant was mentally competent when he executed trust agreement, but incompetent when he executed amendment reversed; no evidence to support finding of incompetence). In Florida, only a durable power of attorney is unaffected by the subsequent incapacity of the principal, Fla. Stat. Ann. sec. 709.08(1) (West Supp. 1996), and even a durable power is revoked by a judgment of total or partial incapacity by a court, as occurred here. See Fla. Stat. Ann. sec. 709.08(3)(b) (West Supp. 1996). Respondent concedes that petitioner was, in fact, left mentally and physically incompetent by the stroke. Respondent’s Form 2848 (Power of Attorney and Declaration of Representative) had, thus, already been revoked by operation of law when Bergman signed the Form 872 in 1992. The only issue is whether, in light of the letters from Bergman, it was reasonable for respondent to continue to rely on the power as authority for Bergman’s representation. It is undisputed that the Forms 872 are regular on their faces. Where a Form 872 is regular on its face and respondent reasonably relied on it, we have indicated that taxpayers may bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011