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Contract – Power of Attorney – Ineffective – Principal’s Competence – Banks & Banking – Guaranties (access required)

Suntrust Bank v. C & D Custom Homes, LLC Defendant Sheila Ogle’s power of attorney only allowed her husband, defendant Carroll Ogle, to act as her attorney-in-fact if her physician declared her incompetent, and there was no showing that Mrs. Ogle was incompetent when Mr. Ogle signed guaranties as Mrs. Ogle’s purported attorney-in-fact. Mr. Ogle had no authority to sign the guaranties on Mrs. Ogle’s behalf; therefore, the guaranties are invalid as to Mrs. Ogle.

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