(DOWNLOAD) "Smith v. Lynch" by Florida Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Lynch
- Author : Florida Court of Appeals
- Release Date : January 24, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
This appeal arises from a guardianship proceeding. After a trial on the issue, the court found the subject of the proceedings incompetent but declined to appoint a guardian. Appellants, a grand niece and grand nephew of the Ward, argue that a guardian was required upon the finding of incompetency. The husband of the Ward and her step-daughter argue that no guardian is either required or indicated, the Ward having previously given them a durable power of attorney to manage and deal with her property. We agree with the husband and step-daughter and write to clarify the application of apparently conflicting statutes. We first affirm the trial court's implicit finding that the Ward was competent when she made and delivered her durable power of attorney (DPOA). Admittedly the testimony was in conflict. The attorney retained to advise her and prepare the instrument testified that the Ward was then competent to do so. A physician testified that he examined her at the same time and that he concluded that she had a moderate dementia of the Alzheimer's type. He added that he did not believe that she had the mental capacity ""to make those kinds of decisions."" Her husband testified that at that time she had both good and bad days; she had times when she was lucid and times when she forgot where she was and what she was doing. The Ward's step-daughter testified that on the precise day when she executed the DPOA the Ward was lucid. We accept the trial court's implied, if not express, resolution of this disputed issue of fact that the DPOA was knowingly and voluntarily given.
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