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Testamentary documents declared invalid due to lack of capacity and undue influence; prior documents affirmed.
The applicants sought declarations that their 82-year-old mother lacked capacity to manage her property and personal care, and orders invalidating testamentary documents she executed in October 2024.
Relying on a court-ordered capacity assessment, the court found the mother had been incapable of managing property and personal care, granting a power of attorney for property, instructing counsel, and possessing testamentary capacity since at least July 2024 due to moderate dementia.
The court declared the October 2024 documents invalid due to lack of capacity and undue influence by her common-law spouse, and affirmed the validity of her prior testamentary documents.
The court also held it had jurisdiction to declare the will invalid while the testator was still alive given she was not expected to regain capacity.
The court invalidated new powers of attorney executed by an elderly man with dementia due to lack of capacity and suspicious circumstances.
This application concerned the validity of powers of attorney (POAs) made by an 82-year-old respondent, Larry Alvin Marshall, and whether a guardian of his property and person should be appointed.
The applicants, Shawn Hollinger (Attorney for Personal Care) and MD Private Trust Company (Attorney for Property), sought to invalidate new POAs made in January 2023 that named Mr. Marshall's estranged sons, Thomas and Bryan Marshall, as attorneys.
The court found that Mr. Marshall lacked the requisite capacity to make the 2023 POAs due to significant cognitive impairment and vulnerability to undue influence.
Suspicious circumstances surrounding the preparation and execution of the 2023 POAs shifted the burden of proof to the grantees, which was not met.
Consequently, the 2023 POAs were declared invalid, and the 2022 POAs were affirmed as Mr. Marshall's last valid powers of attorney.
The court upheld a 1995 power of attorney, declared incapacity, and ordered an accounting.
This case involves a dispute among three siblings, Bill, Mary, and John, concerning the management of their 92-year-old mother, Alpida Vrantsidis', property and personal care.
Bill and Mary sought declarations regarding the validity and enforceability of the 1995 Powers of Attorney (POAs) and an order for John to account for $61,000 he received from their mother.
John, self-represented, brought a cross-application seeking to invalidate the POAs or remove Bill and Mary as attorneys.
The court dismissed John's request for an adjournment, declared the 1995 POAs valid and operative, confirmed Alpida Vrantsidis' incapacity to manage her property and personal care, and ordered John to account for the $61,000 under a resulting trust.
John's application to remove Bill and Mary or invalidate the POAs was dismissed due to lack of merit and evidence of misconduct.
