A recent case decided by Mississippi's Court of Appeals illustrates the standard of review for overturning the validity of a deed.  In that case, the elderly owner of a funeral home moved in with her daughter in 2001 after being diagnosed with dementia and other infirmities. Over the next two years, the mother showed signs of psychosis, paranoia, and sleep problems with insomnia and was placed on anti-psychotic medication. On April 2, 2003 a quitclaim deed was filed containing the alleged signatures of the mother and her daughter, conveying the funeral home to the daughter's son. In 2006 it became necessary to establish a guardianship for the mother, and at that time other heirs sought to set aside the deed.  The Court found that the Chancellor did not err in rejecting testimony that the mother appeared to be normal in light of medical evidence that her condition was continuing to decline and that she was on anti-psychotic medication. The evidence presented supported, by clear and convincing evidence, the assertion that the mother lacked the mental capacity. 

This case illustrates both the high standard of review for overturning a deed, which are presumed to be valid unless shown otherwise by clear and convincing evidence.  It also illustrates the risk of making such transfers if one suffers from an impairment like dementia.  It may well have been that the mother was perfectly aware of what she was doing when she made the transfer and intended the property to go to her grandson, but the testimony of witnesses to the transaction was not enough to overcome medical documentation of her impaired condition.  Under such circumstances, she would have been wise to have separate medical evidence of her specific condition on same day that the transfer was made as evidence that she was lucid and possessed sufficient capacity to make the transfer.  The family should also have considered videotaping the transaction so all could observe her mental state. Finally, the case illustrates the importance of using the services of an elder law attorney in planning the affairs of someone who suffers from a disability.  While no attorney can guarantee that a transaction will be upheld, an attorney knowledgeable in the disease symptoms and in the legal standards for upholding such transfers likely would have made suggestions that would have made the transfer more likely to have been found valid.  For a list of Certified Elder Law Attorneys in Mississippi, click here.