Mealey's Elder Law - Appeals Panel Upholds Ruling On Woman's Lack Of Mental Capacity, Vacates Fees

DALLAS - A Texas appeals court panel on July 23 found that evidence presented during trial sufficiently showed that a woman lacked the requisite mental capacity to remove her granddaughter from bank accounts they shared but vacated a trial court judge's decision to award the granddaughter attorney fees on the ground that she did not offer evidence to segregate recoverable from nonrecoverable fees (James D. Anderton v. Jennifer Green, No. 05-17-00024-CV, Texas App., 5th Dist., 2018 Tex. App. LEXIS 5573).
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