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. | Case Study Decision: Change In Circumstances | Gagnon v. Coombs | | Bah Dar | 1/8/2015 |

Terminating an Agency depends on different factors. This paper discusses weather an agency relationship for property control is terminable inside a family |

Francis Gagnon and his wife had two properties. They both were in old ages, so when their daughter Joan offered them to be their power of attorney, Francis accepted. Later Francis changed his mind and without informing his daughter revoked the power of attorney. After wife’s death, he decided to sell one of the properties and move to live with his son. Joan, acted against his father‘s wish. She established a trust and without considering the transaction, she initiated to move the house into the trust.
Did Joan have the right to move the property into her trust? Haman (2004) mentions that the best way to revoke power of attorney is a written note. Joan had power of attorney. She did not receive a written note. As long as Francis had not issued a written statement or had not informed her, she could claim her authority on the property and she had the right to do that. The court also accepted her claim. If her father had not had any document to show that Joan was no longer his power of attorney, Joan could claim that she was not aware of her father‘s decision.
Does the property belong to the trust or to Mr. Gagnon? The property belongs to Mr. Gagnon. There are many options for terminating an agency relationship. Beside that Joan, as an agent, had fiduciary duty to his father and moving the property that his father had already sold, to her trust is against the principal’s needs. Beatty (2008) stresses that the purpose of this relationship is for one person as an agent to benefit the other as principal. Joan had this obligation when she became his father’s agent. In fiduciary duty, the agent should put her needs in Second. Selling the house revokes her power of attorney. Her father was still capable of making decisions. That is principal’s decision.

References
Haman, E. A. (2004). Power of Attorney Handbook. Naperville, Ill: Sourcebooks, Inc
Beatty,J. F., Samuelson, S.S., Bredeson, D. A. (2008). Introduction to business law. Mason, OH:South-western…...

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