Hi again, Eddie, Thank you for your additional information,
It would be very, very difficult, if not impossible for the daughter's to win this case and the basis for my statement is the consideration of all of the following factors which, if I were in your position, would argue to the Judge:
1. The mother is of sound mind, knows exactly what she wants and knows exactly what she is doing;
2. Mother's decision to give her son Power of Attorney was well thought out, was not taXXXXX XXXXXghtly, and her decision was made only after she carefully considered her position and which of her children would be better suited to take care of her and her affairs if, she found it difficult to to take care of her affairs herself;
3. Have the mother testify whether the daughter likes it or not, so that the mother can prove to the Court that she knows perfectly well what she is doing, and her decision should not be disturbed;
4. The mother should describe the difficulties she has had with her daughter, describe the many times her daughter took advantage of her, describe the daughter's personality and character as jealous, mean, and vindictive, and compare that with the relationship she has with you, as her son;
5. Describe that the daughter never gives a second thought about her as the mother, never asks if she needs anything, lets long periods go y without visiting her, or even calling to see if she needs anything;
6. You should describe specific instances showing the daughter as a pathological liar. This will help impeach her credibility as to anything she testifies to in Court;
7. You, as well as witnesses who know the daughter, should describe how she has treated her mother;
8. Give specific instances where her mother needed something, even a small favor, and the daughter was unwilling to help her mother;
9. Give specific instances to prove that this action is motivated by selfish greed and in no way is motivated by any concern for her mother, or her well being;
10. Have friends of the mother come in to Court to testify as to her sound mind, any activities she engages in to show her mind is very sharp and she knows exactly what she is doing;
11. Probably the most important fact to show the Court is that an individual who is of sound mind is, and should be, free to live their life and do what they want as they see fit, regardless of how old they are, , and that nobody has the right to curtail another person's freedom, or dictate, or orchestrate how another person should live their life..
12. The daughter should be depicted as a dictator, and a presumptuous one at that - Who gave her the right to rescind a Power of Attorney that her mother executed of her own free will ?
13. Give an example such as - What if the mother decided to buy a new dining room set. If the daughter did not like her mother's decision, or did not like the dining room set, what authority would she have to go into the department store and tell the salesperson to rescind her mother's purchase ? NONE !
14. Get statistics of how many individuals over the age of 70 run in the Boston Marathon each year; What would happen if the children of each participant decided on their own that they did not want their parent to enjoy taking part in the Marathon - What, or who would give them the right to withdraw their parent's application for the Marathon ? NOTHING and NOBODY !!!
15. Show that the daughter wants to rescind the Power of Attorney solely to acquire control of the mother's assets. Find out If the daughter is having any financial problems, or her husband or children need money to show her self-serving motive and financial incentive are behind her action to gain control of her mother's assets; in seeking some kind of financial trouble or her husband or children need money;
16. Bring in character witnesses to testify on behalf of the mother, to describe the daughter, and to describe the son's relationship with his mother.
17. When the mother is testifying, she should exhibit righteous indignation at the very thought of her daughter trying to take over her life;
18. Have witnesses testify as to the activities which the mother enjoys, what she is involved in, what clubs she belongs to, if she plays any golf, or even Bingo on a regular basis.
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