Chapter 5 - THE CAPACITY STORY
Vanessa’s defense shifted.
She began claiming Mom lacked capacity.
If Helen could not manage money, Vanessa argued she had been forced to take over.
Taking over can be legitimate with valid authority.
It does not create permission to forge a co-owner’s signature.
Still, Mom’s capacity mattered for the power of attorney.
Was it validly signed?
Did she understand it?
Her physician had never diagnosed dementia.
Neuropsychological screening arranged voluntarily showed mild age-related memory changes but no evidence that she lacked general decision-making capacity.
She could understand assets.
Choices.
Consequences.
That made Vanessa’s “Mom is confused” narrative weaker.
Then the power-of-attorney drafting attorney testified.
Mom had signed it knowingly.
She wanted Vanessa to help pay bills.
So the power itself was valid.
That complicated things.
Vanessa had real authority.
But agents under a power of attorney owe duties.
Authority to manage does not equal authority to enrich yourself improperly.
The problem became misuse.
May you like
Not existence.
That distinction made the case stronger, not weaker.
