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restrict conveyances to those for consideration and contained a
broad grant of authority to the attorney-in-fact to do whatever
the principal could do if personally present. After
distinguishing several decisions interpreting powers of attorney
decided under New Jersey law, we concluded that the specific
language in the power of attorney, which authorized the attorney-
in-fact to convey property without any apparent restriction,
“could authorize gifts in appropriate circumstances.” Id. We
examined the facts and circumstances surrounding the execution of
the power of attorney and the making of the gifts, noting that
the decedent “historically gave gifts to her children” and had
expressed her intention to give them gifts in the year the
disputed gifts were made, and we concluded that the attorney-in-
fact “acted on behalf of decedent, continuing her usual affairs.”
Id. Based upon our review of the language of the power of
attorney and the evidence of the decedent’s intent, we held that
the power of attorney authorized gifts. See id.; see also Estate
of Neff v. Commissioner, T.C. Memo. 1997-186 (applying Oklahoma
law, we concluded that Oklahoma had not adopted a flat
prohibition against attorneys-in-fact making gifts to themselves
or to third parties absent express written authorization, and
that the durable power of attorney at issue included the implied
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