Woman's survivors sue another woman given power of attorney
Cara Bailey Aug. 16, 2007, 2:30am
WELLSBURG - The husband and daughter of a Brooke County woman who died from lung and brain cancer have filed a suit against the woman who was named as power of attorney for their relative.
Michael Koenig and Kayla Fjelddalen filed a suit in Brooke Circuit Court against William and Shirley Williams. Michael Koenig was the husband of Debra Koenig, who died Oct. 27, 2006.
According to the suit, about 10 days before her death, Debra Koenig went to Shirley Williams' attorney and gave Williams power of attorney, which included control over all aspects of her life, including medical decisions. Michael Koenig claims all of this was done without his knowledge.
Koenig claims Shirley Williams told him in mid-October 2006 that she was in charge, and he "had no authority to make medical or financial decisions regarding his own wife ... in her last days," the suit says.
According to the suit, on the same day Debra Koenig executed her power of attorney she was incapacitated due to the medications she was taking. However, three days later she executed her will, which was notarized by a relative of Shirley and Bill Williams.
The power of attorney gave Shirley Williams the control of all of Koenig's assets, including credit cards, bank accounts and medical treatment. Michael Koenig claims that following the execution of power of attorney he discovered his wife's life insurance policies were missing from their home, withdrawals have been made from their joint account and the account of Fjelddalen, which was set up to support her child support checks.
According to the suit, the Williams' also took over control of Koenig's vehicle, which was valued at $12,000.
Michael Koenig and Kayla Fjelddalen seek the money and property taken from them, punitive and exemplary damages, and interest.
Wheeling attorney Elgine Heceta McArdle is representing Koenig and Fjelddalen.
Brooke Circuit Court case number: 07-C-138