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.
1. How did Dr. GaddyĂ˘â‚¬â„˘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. MĂ˘â‚¬â„˘s best interests uppermost in his thinking?
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2. What facts, had they been true, would have permitted the revocation of Dr. GaddyĂ˘â‚¬â„˘s power of attorney? Clue: Review the CourtĂ˘â‚¬â„˘s analysis of why the revocation was invalid.