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RUSSELL v. CHASE INVESTMENT SERVICES CORP.

No. 106,515.

212 P.3d 1178 (2009)

2009 OK 22

Suzanne RUSSELL, not individually, but as Guardian of Donald R. Russell, an incapacitated person, Plaintiff, v. CHASE INVESTMENT SERVICES CORP., a Delaware corporation, Defendant.

Supreme Court of Oklahoma.

April 7, 2009.

Attorney(s) appearing for the Case

Lawrence A.G. Johnson, Tulsa, OK, for the Plaintiff.

James E. Weger, Tadd J.P. Bogan, Jones, Gotcher & Bogan, Tulsa, OK, for the Defendant.

TAYLOR, V.C.J.

¶ 1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:

Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without authority to control the ward's assets...

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