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Tag: Probate Litigation

Capacity schmapacity! She sounded OK to me!

3/15/2015 | Kaplin Stewart Blog

A call from a friend raised one of the more difficult issues of probate law. Her mother had just executed a power of attorney that removed our friend as her agent and appointed our friend’s unscrupulous sister in her place. While this would be troubling under normal circumstances, it was particularly appalling to our friend, because her mother has suffered from dementia for several years. How, our friend asked, could anyone think her mother could understand what she was doing? […]