- 3 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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