Cora Beth Rhody v. June E. Rhody Et Al.

The decedent’s daughter filed suit to set aside conveyances of her father’s property made pursuant to a durable power of attorney. The trial court granted summary judgment in the petitioner’s favor, holding that the decedent lacked the mental capacity to enter into any legal agreement on the date the durable power of attorney was executed. Because we conclude that there is a genuine issue of material fact as to this question, we reverse the entry of summary judgment and remand for such further proceedings as may be necessary and consistent with this opinion.