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of attorney appointing petitioner to serve as her attorney-in-
fact. Petitioner further alleged that Ms. Cade later directed
petitioner to close certain of her bank accounts, pay her
outstanding bills, and keep the balance of the funds for himself
as gifts. The power of attorney in question does not include an
express authorization for petitioner to make gifts.
The record shows that Ms. Cade revoked the aforementioned
durable power of attorney on January 17, 1992. Ms. Cade died on
February 28, 1994.
Respondent filed an answer to the petition alleging that the
durable power of attorney was invalid on the alternative grounds
that: (1) Ms. Cade's signature was forged, or (2) Ms. Cade lacked
the requisite mental capacity to execute the document.
Petitioner filed a reply to respondent's answer asserting that
there is no evidence that Ms. Cade's signature on the durable
power of attorney is a forgery.
Petitioner subsequently filed a motion for partial summary
judgment accompanied by supporting exhibits. Petitioner first
contends that the record shows that Ms. Cade's signature on the
durable power of attorney was notarized by a Texas notary public
and that two witnesses were present when Ms. Cade signed the
document. Accordingly, petitioner maintains that he is entitled
to partial summary judgment that Ms. Cade's signature on the
durable power of attorney was not forged. In addition,
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