Power of Attorney Guilty of Concealment of Assets

Rusnak v. Fleming, (Trumbull Cty. Probate Ct. 2007), 144 Ohio Misc. 2d 99, 2007-Ohio-6752. An individual used a power of attorney to sign certificate of deposit ("CD") signature cards changing the title of the account from the owner's individual name to joint and survivorship naming the owner's attorney-in-fact as beneficiary. The court allowed the plaintiff to sue the attorney-in-fact/beneficiary of the CDs under a statutory claim for concealment of assets. The probate court held the fiduciary relationship and power of attorney created a presumption of undue influence in the execution of the beneficiary designation and the burden shifted to attorney-in-fact to show the propriety and fairness of the transaction. The court concluded that the attorney-in-fact/Beneficiary of the CDs failed to rebut this presumption and therefore was guilty of a concealment of assets.