Question:
Francis Gagnon, an elderly gentleman, signed a power of attorney authorizing his daughter, Joan, “to sell any of my real estate and to execute any document needed to carry out the sale.and to add property to a trust of which I am grantor or beneficiary.” This power was given in case Gagnon was not available to take care of matters personally because he was traveling. When Joan learned that Gagnon intended to sell his Shelburne property to Cosby for $750,000, she created an irrevocable trust naming Gagnon as beneficiary and herself as trustee. Acting then on the basis of the authority set forth in the power of attorney, she conveyed the Shelburne property to herself as trustee of the irrevocable trust, thus blocking the sale to Cosby. When Gagnon learned of this, he demanded that Joan return the Shelburne property to him, but she refused, saying she had acted within the authority set forth in the power of attorney. Did Joan violate any duty owed to Gagnon? Must she reconvey the property to Gagnon? [Gagnon v Coombs, 654 NE2d 54 (Mass App)]