The durable power of attorney exists to protect a person who may be unable to protect herself at some later point. In Case 16-6, the Court was asked to decide whether the person who is allegedly being protected by a revocation of that power of attorney can revoke even when her mental condition suggests that she may not appreciate the meaning of such a revocation. The Court was asked to decide who is legally permitted to care for her.

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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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