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In re Moreno

Opinion Date 2010-12-10
  • Court Line: Eastland
  • Citation: Not Reported in S.W.3d
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Probate Court: No
Details
Contestant(s):
Son
Proponent(s):
Daughter
  • Testator Male or Female: Female
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Guardianship
  • Parallel Cite: 2010 WL 5059519
  • Docket Number: 11-10-00353-CV

Outcomes
  • Our Summary:

    Evidence was sufficient that the elderly mother was incapacitated and in need of a temporary guardian. While the medical report submitted contained an illegible physician's signature and was older than the 120-day limitation required for a guardianship proceeding, this was a temporary guardianship proceeding in which a medical report was not required. The report indicated that the physician saw the patient six times in six months and that the mother suffered from several physical conditions. The report noted the mother had Parkinson's disease, severe cognitive impairment due to Alzheimer's dementia and anxiety disorder, and was totally incapacitated. The physician's findings were also corroborated by friends and family. While the physician's report was contradicted by an investigator from the Department of Family and Protective Services, the trial court reasonably concluded that the physician's report was more credible.

Summaries