Adult children challenged their mother’s 2005 will, powers of attorney, and subsequent transfers of property to another sibling, alleging incapacity, undue influence, and misuse of assets.
The court held that the mother had testamentary capacity in 2005 and validly executed the will and powers of attorney.
However, by 2008 she lacked capacity to transfer her home to the respondent son, and that transfer was declared void due to incapacity and undue influence.
The court found she presently lacked capacity to manage property, personal care, grant powers of attorney, or make a will.
Although the 2005 powers of attorney were valid, the court removed the attorney due to misconduct and appointed two other sons as guardians of her person and property.
