Gaddy v. Douglass

KITTREDGE, J.:

Dr. Roger A. Gaddy brought this action as the attorney-in-fact for Ms. M 1 against George G. Douglass, III and William P. Sherrod (Appellants) seeking to declare invalid a March 12, 1999 power of attorney executed by Ms. M in favor of Appellants and the concomitant revocation of Ms. M’s durable power of attorney executed in 1988. Appellants, third cousins of Ms. M, appeal the trial court’s order finding that Ms. M lacked capacity to execute the documents. We affirm, finding that on March 12, 1999, Ms. M was suffering from chronic and severe dementia caused by the advanced state…