Mangrum v. Chavis

Record No: 160782 (unpublished order) In a case filed by the beneficiaries of an estate against the decedent’s power of attorney, the Court held that the trial court had erred when it found the attorney-in-fact liable for his wife’s withdrawal of funds from a bank account held jointly by herself, the decedent, and one of the plaintiffs. The attorney-in-fact was not liable for the alleged misuse of his principal’s property solely by a third party acting alone, or to affirmatively act to recover such property when stolen. The trial court also erred by awarding attorney’s fees to plaintiffs under Code § 64.2-1615(2), as the fees and costs were expended on their own behalf and not on behalf of the decedent or his estate.