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Aniela executed a Power of Attorney in March 2004 that appointed her son and grandson.
She did a new Power of Attorney in 2006, this time appointing two grandchildren.
Only 6 months later, in September 2006 she did her final Power of Attorney appointing her daughter Barbara.
Barbara then used that Power of Attorney to take control of the family business.
The grandchildren were quick to challenge the last Power of Attorney, claiming that Aniela did not have capacity to make it and that therefore Barbara did not have any power to control the family business.
Queue a procession of witnesses, including family, friends, doctors and lawyers. Some saying Aniela did have capacity, some saying she did not. How was the Court to decide?
THIS IS NOT CASE LAW
By Tanya ChapmanAniela executed a Power of Attorney in March 2004 that appointed her son and grandson.
She did a new Power of Attorney in 2006, this time appointing two grandchildren.
Only 6 months later, in September 2006 she did her final Power of Attorney appointing her daughter Barbara.
Barbara then used that Power of Attorney to take control of the family business.
The grandchildren were quick to challenge the last Power of Attorney, claiming that Aniela did not have capacity to make it and that therefore Barbara did not have any power to control the family business.
Queue a procession of witnesses, including family, friends, doctors and lawyers. Some saying Aniela did have capacity, some saying she did not. How was the Court to decide?
THIS IS NOT CASE LAW

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