JANUARY 2, 1987.
CREIGHTON WESLEY SLOAN, son and next friend of
HELEN MARJORIE SLOAN,
Plaintiff,
V.
SOVRAN BANK, N. A.,
Defendant.
DECREE
On December 12, 1986 came the plaintiff, by counsel, and the defendant, by counsel, upon the Bill of Complaint and Bill for Injunction duly filed; the court heard evidence and the matter was argued by counsel;
WHEREUPON, after mature consideration of the facts, the court finds as a matter of fact that, based upon the medical evidence presented, Helen Marjorie Sloan is mentally incapable of caring for herself and determining what is in her best interest;
UPON CONSIDERATION WHEREOF, and it appearing proper in all respects so to do, is ORDERED that the attempted revocation of the power of attorney of Creighton Wesley Sloan, granted to him by Helen Marjorie Sloan and duly recorded, which attempted revocation was not effected by recorded document but rather by telegram with a follow up telephone conversation, was ineffective to terminate the power of attorney of Creighton Wesley Sloan which the Court finds, based upon the evidence presented before it, to be effective; the Court further finds that defendant, Sovran Bank, NA., acted properly in honoring the attempted revocation and in all actions taken thereunder prior to the date of entry of this order. This Court ratifies all actions taken by Sovran Bank, N.A. on the instructions of Helen Marjorie Sloan prior to the date of this order.
Consistent with the above findings, it is FURTHER ORDERED that the defendant shall not disburse any funds from its trust fund currently held for the use and benefit of Helen Marjorie Sloan until further order of this Court.
It is FURTHER ORDERED that Sovran Rank, N.A. shall honor all exercises and directives of Creighton Wesley Sloan as attorney in fact for Helen Marjorie Sloan under the power of attorney.
Creighton Wesley Sloan shall have the power and authority under the power of attorney to close, withdraw, or transfer funds from all other accounts which Helen Marjorie Sloan has with Sovran Bank, N.A.
In regard to all other funds helds by Sovran Bank, N.A. on account for Helen Marjorie Sloan, Sovran Bank, NA. is authorized to honor any payment instructions received from Helen Marjorie Sloan and any other electronic payment instructions purporting to be from her to withdraw money therefrom or otherwise effectuate transfer of funds unless and until directed otherwise in writing by Creighton Wesley Sloan under the power of attorney.
It is ORDERED that the plaintiff shall take such steps as are reasonable to notify Helen Marjorie Sloan of the actions of this Court and she shall be granted an opportunity to present evidence in this matter.
And this matter is continued.
BOOK 44 PAGE 408
REQUESTED:
________________________
KILLIS T. HOWARD
Attorney for the Plaintiff
_________________________
LEIGHTON S. HOUCK
Attorney for the defendant
_____________________
Richard S. Miller, Judge