Jacquelyn F. Luther the “plaintiff” moved the superior court to enjoin her siblings Carol Luther, Lucius Luther, and Bryan Emmanuel Luther the “defendants”, from enforcing an alleged wrongful revocation by their mother, Dr. Beatrice Luther, of plaintiff’s authority under a durable health care power of attorney. Following an evidentiary hearing, the trial court granted plaintiff’s motion. The defendants appeal, claiming that the trial court erred in i finding that plaintiff did not have an adequate remedy at law; ii allowing plaintiff to proceed in her individual capacity, failing to appoint a guardian ad litem for Dr. Luther, and not allowing Dr. Luther to testify; iii concluding that Dr. Luther did not voluntarily execute the revocation; and iv issuing a final order which addressed matters beyond the scope of plaintiff’s authority under power of attorney. For the reasons which follow, we disagree and affirm. Viewed in a light most favorable to the trial court’s findings, the evidence shows that on November 10, 2003, Dr. Luther appointed plaintiff as her agent in matters of her “personal care, medical treatment, hospitalization, and health care” pursuant to a Durable Power of Attorney for Health Care. The health care power of attorney provided that it “may be amended or revoked by you at any time or in any manner while you are able to do so,” but did not provide for termination if the principal became disabled, incapacitated, or incompetent. On that same date, Dr. Luther also appointed plaintiff as her attorney-in-fact under a separate Durable Power of Attorney granting plaintiff “the fullest and broadest powers to act for me and on my behalf.”
In February of 2006, plaintiff arranged for in-home care for Dr. Luther, who was suffering from Alzheimer’s. In June 2006, Carol Luther took Dr. Luther from Dr. Luther’s home to Carol Luther’s home. After plaintiff sued Carol Luther to compel her to return Dr. Luther, Carol Luther returned Dr. Luther to her Fulton County home pursuant to a consent order. The consent order was scheduled to remain in effect for 30 days from June 30, 2006, and was not extended.
