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petitioner contends that an affidavit signed by one of the
witnesses (the notary's wife) establishes that Ms. Cade
"knowingly and with full mental capabilities signed the durable
power of attorney". Thus, petitioner contends that he is
entitled to partial summary judgment that Ms. Cade had the
requisite mental capacity to execute the durable power of
attorney.
Respondent filed an objection to petitioner's motion
accompanied by supporting exhibits. Respondent maintains that
material issues of fact remain in dispute regarding the
authenticity of Ms. Cade's signature on the durable power of
attorney and whether Ms. Cade had the requisite mental capacity
to execute the document. In particular, respondent relies on
evidence that, prior to her death, Ms. Cade filed a petition in
State court seeking a temporary restraining order against
petitioner and executed a sworn statement that she did not sign
the durable power of attorney. Respondent also relies on the
opinion of a forensic examiner who examined the durable power of
attorney and concluded that Ms. Cade did not sign the document.
Finally, assuming for the sake of argument that Ms. Cade did
execute the durable power of attorney, respondent contends that
material issues of fact remain in dispute regarding Ms. Cade's
mental capacity to execute the document inasmuch as she executed
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