Conservatorship of R.C. CA4/3

INTRODUCTION

The record in this appeal is massive, the briefs are extraordinarily long, and various issues of both substantive and procedural nature are presented for our resolution. But when all is said and done, this matter comes down to whether the evidence presented at trial supports the trial court’s findings that R.C. had the mental capacity to execute a series of documents—including a trust amendment, powers of attorney, and the exercise of a power of appointment—and that she was not subject to undue influence when she did so. As we shall explain, the great weight of evidence supports those findings.

3 R.C.’s oldest child, Mk.C., initiated this litigation by filing a petition for the appointment of a conservator of the person and estate of his mother, R.C. Several months later, Mk.C. used his power of attorney to bring a lawsuit on R.C.’s behalf for elder abuse against his siblings, Mw.C. and K.C. Furious at Mk.C. for bringing those lawsuits and for his treatment of her, R.C. signed a revocation of the power of attorney used by Mk.C. and a new power of attorney appointing Mw.C. as her sole agent. After Mk.C. brought a trust petition to have the new power of attorney…