TBA Law Blog


Posted by: Paul Burch on Aug 31, 2023

The Tennessee Supreme Court today rejected a Memphis nursing home’s argument that the trial court could not consider whether a resident with Down syndrome was competent to authorize his brother to act as his agent. The court held the trial court correctly considered evidence that David Welch, a resident with Down syndrome, did not have the mental capacity to understand the document he marked in lieu of a signature that gave his brother, James, power of attorney. Go here to read the court’s opinion.