Gaddy V Douglass Case Study

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Gaddy v. Douglass Facts: In 1988, Ms. M created a will, a charitable trust and a power of attorney designating Dr. Gaddy, her physician and close family friend, as executor, trustee and attorney-in-fact; on March 12, 1999, when she was suffering from chronic and severe dementia caused by the advanced state of Alzheimer's disease, Ms. M visited and attorney selected by her family, and signed a document revoking the 1988 Will and the 1988 durable power of attorney naming her cousins as her attorneys-in-fact. Dr. Gaddy filed a declaratory judgment action, and the trial court ultimately found that the woman lacked capacity to revoke her prior documents and invalidated the subsequent power of attorney and revocation of the original documents.

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