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WELCH v. OAKTREE HEALTH AND REHABILITATION CENTER LLC

No. W2020-00917-COA-R3-CV.

JAMES A. WELCH ET AL., v. OAKTREE HEALTH AND REHABILITATION CENTER LLC D/B/A CHRISTIAN CARE CENTERS OF MEMPHIS ET AL.

Court of Appeals of Tennessee, at Jackson.

Filed April 1, 2024.

Attorney(s) appearing for the Case

Craig C. Conley , Quinn N. Carlson , and W. Preston Battle IV , Memphis, Tennessee, and Christy Tosh Crider , Nashville, Tennessee, for the appellants, Oaktree Health and Rehabilitation Center LLC, Care Centers Management Consulting, Inc., and Christian Care Center of Memphis, LLC.

Cameron C. Jehl , Carey L. Acerra , Deena K. Arnold , and Eric H. Espey , Memphis, Tennessee, for the appellee, James A. Welch, Next of Kin and Administrator ad Litem of Estate of David Neil Welch, deceased, and on behalf of the wrongful death beneficiaries of David Neil Welch.

ARNOLD B. GOLDIN, J., delivered the opinion of the Court, in which J. STEVEN STAFFORD, P.J., W.S., and W. NEAL McBRAYER, J., joined.

OPINION

At issue in this appeal is whether an individual, now deceased, lacked the requisite mental capacity when he signed a durable power of attorney for health care. The trial court answered this question in the affirmative, specifically concluding that there was clear and convincing evidence that the decedent was...

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