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A decedent's mental incapacity tolled his claims against a nursing home, even though he had previously granted a durable power of attorney to his son, the Tennessee Supreme Court has ruled in reversing a dismissal.
The durable power of attorney stated that it "shall not be affected by the subsequent disability or incompetence of the grantor."
The son filed a complaint on behalf of his father's estate against the nursing home where the father had lived, claiming that he died due to the nursing home's negligence.
The complaint was filed more than a year after the father left the...