money to Virginia Ploof. He testified that he thought the $900.00 represented her share of the account but offered no basis for that judgment and, in fact, his admission that Virginia wanted the account in her name would seem to indicate the contrary. Finally, Mr. Cloutier stated that after he withdrew the money, he gave it to his son. Around the same time, he also gave the house he owned to his son.
On July 12, 1977, the day Mr. Cloutier used the power of attorney to remove the money from the account, he knew that Virginia Ploof was dead, yet he did not seek the advice of Mr. Gonthier nor, apparently, anyone else before removing the money.[2]
Plaintiff having already obtained a judgment in state court, this court needattorney in fact, agent or other person who, without knowledge of the death, mental illness or other disability of the principal, shall act in good faith under the power of attorney or agency. That saving provision does not help this Debtor because the opposite situation is true in this case. Virginia Ploof lived with Mr. Cloutier. He knew of Virginia Ploof's death when he used the power of attorney. Apparently, it was the fact of her death which caused him to remove the money. He exercised the power only seven days after she had died. Additionally, although he had consulted with Mr. Gonthier upon the opening of the bank account and it was Mr. Gonthier who explained the power of attorney and urged its adoption, the Debtor neither