Wayne Ulrich had lived his whole life on his family farm. His only relatives were his brother, Raymond (who lived on the farm next door) and Raymond’s two adult daughters and their children. Wayne saw and talked on the phone with them fairly regularly, but was not particularly close to them. When he was 68, he signed a will leaving his property to his nieces and their children.

He then met Susan Sorenson, who was a customer at his farm. Ten years after he met her, he suddenly broke off all communication with his brother and closest friends, because he thought they had stolen items from his home while he was in the hospital. His list of missing items included dish towels and a canister of dried prunes. There was no evidence that they had taken anything. 

Wayne began to rely on Sorenson to help him with household chores and personal grooming. He attended many Sorenson family events and began to look upon her as a daughter. He also had daily help from a home healthcare assistant.

Two years later, when Wayne was 80 years old, he asked his lawyer to draft a power of attorney giving Sorenson authority over his affairs and a will leaving everything to her. He told the lawyer that Sorenson would not accept a power of attorney unless it gave her the right to control his money. He believed that she would take care of him and keep him out of a nursing home. The lawyer refused to draft the documents. 

Sorenson recommended a different law firm, although she herself was not a client there. She drove him to his appointment but did not attend his meetings. Because Wayne’s request was so unusual, the lawyer insisted that he meet privately with two other attorneys at the firm to assess his competence and any undue influence. Wayne explained that Sorenson was like family to him and his nieces would inherit from their father. All three lawyers stated that Wayne was a competent, very strong-willed person who made his own decisions and who was not likely to be unduly influenced. Wayne signed both a will and a power of attorney. 

Three years later, Wayne entered a nursing home. Sorenson visited, took him on excursions, and bought what he needed. During the last five years of his life, Sorenson wrote herself $256,000 worth of checks from Wayne’s accounts. She said they were gifts from Wayne. 

Bette Schmidt, one of Wayne’s nieces, sued, alleging that Wayne’s will was invalid because of Sorenson’s undue influence. Sorenson moved for summary judgment, which the trial court granted. Schmidt appealed. 

Questions:

1. When Wayne altered his will, was he acting under undue influence?

2. According to Schmidt, which of the three elements of a valid will appears to be lacking?

3. What is a power of attorney?