- 18 - “circumstances under which it was made, including the situation of the subject and of the parties * * * so that the judge is placed in the position of those whose language the judge is interpreting.” Or. Rev. Stat. sec. 42.220 (1999); see also Wade v. Northup, supra at 457 (parol evidence may be used to interpret the language of a general power of attorney). The parties agree that the three powers of attorney at issue in this case did not expressly authorize Ms. Thompson to make gifts. The parties do not agree, however, whether the power to make gifts can be inferred from the language of the powers of attorney and the circumstances surrounding their execution. Applying Oregon law, we examine the language of the powers of attorney and the facts and circumstances surrounding decedent’s execution of the powers of attorney to determine whether the power to make gifts must be inferred in order to give effect to decedent’s intent. Our goal is to ascertain whether decedent had the intent to confer gift-giving power upon Ms. Thompson. The March 12, 1992, No. 2 power, which was prepared by decedent’s lawyer, appointed Ms. Thompson as decedent’s “agent and attorney in fact” with power and authority to “Convey, sell, mortgage, pledge, consign, lease and in any other manner deal in and with my property, both real and personal.” (Emphasis added.) The March 12, 1992, No. 2 power, also authorized Ms. Thompson “to execute and acknowledge any and all instruments necessary orPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011