VALERIE J. LAWRENCE
v.
HAZEL BARTELDS DECLARATION OF TRUST
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed findings that the Lawrences committed battery, exploitation of a vulnerable adult, and conversion against Hazel Bartelds, and invalidated a quitclaim deed they obtained from her after her brain surgery.
The trial court properly found the Lawrences liable for battery, exploitation and abuse of a vulnerable adult, and conversion, and correctly invalidated the quitclaim deed executed by Bartelds who lacked capacity due to brain cancer affecting her cognition.
[1] A quitclaim deed executed by a vulnerable adult lacking testamentary capacity due to brain cancer may be invalidated where the grantees isolated the grantor from family a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAfter Hazel Bartelds underwent brain surgery for cancer, her daughter and son-in-law, the Lawrences, who lived in her home, brought her to execute a q…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Quitclaim Deed cases and more on FLexlaw
Before, LOGUE, MILLER, and GORDO, JJ.
PER CURIAM.
Valerie and James Lawrence appeal the trial court’s final orders finding them liable for battery, exploitation and abuse of a vulnerable adult, and conversion, and separately invalidating Mrs. Lawrence’s quitclaim deed purporting to take an interest in property held by the Hazel Bartelds Declaration of Trust. We conclude the trial court’s findings, following a bench trial, were supported by the testimony and evidence, and we therefore affirm. The trial court heard evidence that shortly after Hazel Bartelds underwent brain surgery, her daughter and son-in law, the Lawrences, who were living in Mrs. Bartelds’ home at the time, brought her to an attorney to execute a quitclaim deed to her home property. There was testimony from family members, Mrs. Bartelds’ treating physician, and Mrs. Bartelds herself that her diagnosis of brain cancer was affecting her ability to communicate and perceive the events around her.
The trial court further heard testimony and received evidence that over the following months, the Lawrences cut off Mrs. Bartelds’ communication with her other family members and influenced her to write them checks for over $100,000.00. Mrs. Bartelds’ isolation eventually culminated in a successful escape attempt, by which she used a neighbor’s phone to contact her son and take her away from her home. Along with the other facts presented to the trial court, this was sufficient to show that Mrs. Bartelds 2 lacked capacity to execute the quitclaim deed and that the Lawrences abused a confidential relationship with Mrs. Bartelds for their own pecuniary gain.
Finally, the trial court did not err in failing to strike the amended complaint, which was properly filed in accordance with Florida Rule of Civil Procedure 1.190(a) and answered by the Lawrences. Affirmed.
3