Ms. M was born in 1918. After retiring, Ms. M returned to Fairfield, South Carolina, where she

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Ms. M was born in 1918. After retiring, Ms. M returned to Fairfield, South Carolina, where she lived on her family farm with her brother, a dentist, until his death in the early 1980s. Ms. M never married. Dr. Gaddy was Ms. M’s physician and a close family friend. The appellants are Ms. M’s third cousins.

1. How did Dr. Gaddy’s behavior during the period in which he so clearly held a durable power of attorney clearly strengthen his credibility before the court?
Clue: How would he have behaved during that period of time had he not had Ms.M’s best interests uppermost in his thinking?
2. What facts, had they been true, would have permitted the revocation of Dr. Gaddy’s power of attorney?
Clue: Review the Court’s analysis of why the revocation was invalid.

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The Legal Environment of Business A Critical Thinking Approach

ISBN: 978-0132664844

6th Edition

Authors: Nancy K Kubasek, Bartley A Brennan, M Neil Browne

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