Conservatorship of Janice Geerdes by Laura Jenkins v. Albert Gomez Cruz

Summary

The court vacated the court of appeals decision and reversed the district court judgment setting aside Janice Geerdes’s quitclaim deed to Albert Gomez Cruz. Applying de novo review, the court held that the conservator failed to prove by clear, convincing, and satisfactory evidence either undue influence or lack of mental capacity at the time of execution. The court emphasized Janice’s expressed intent, the accountant’s firsthand testimony, and the absence of evidence that Cruz controlled Janice’s financial or personal affairs.