Goodman v. Atwood

78 Mass. App. Ct. 655, 940 N.E.2d 514 (2011)

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Goodman v. Atwood

Massachusetts Appeals Court
78 Mass. App. Ct. 655, 940 N.E.2d 514 (2011)

  • Written by Liz Nakamura, JD

Facts

Jean Goodman, at age 85, made several gifts totaling approximately $56,000 to her veterinarian, Dr. Steven Atwood (defendant). Atwood had been Goodman’s veterinarian for almost 20 years and was treating Jean’s dog for cancer at the time of the gifts. There was no evidence of prior gifts from Jean to Atwood. Shortly after giving Atwood the final gift, Jean was hospitalized, diagnosed with dementia and alcohol dependence, and Timothy Goodman (plaintiff) was assigned as Jean’s guardian. Timothy challenged the gifts to Atwood, arguing that Jean lacked donative capacity and was subject to Atwood’s undue influence. Atwood countered, and his psychiatric witness testified that Jean’s diminished mental capacity did not prevent her from understanding that she was giving money to Atwood when she made the gifts. At trial, Timothy’s witness conceded that Jean understood her own financial affairs and could have had periods of mental awareness. The trial judge upheld the gifts to Atwood, finding that Timothy had failed to meet his burden to prove Jean lacked donative capacity or to show that Atwood unduly influenced Jean into giving him the gifts. Timothy appealed, arguing that the burden of proving donative capacity should be on Atwood.

Rule of Law

Issue

Holding and Reasoning (Grainger, J.)

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