Man's capacity to make gift to Virginia Tech was issue
Nov 21, 2019OUTCOME: $3,500,000
On May 1, 2019, the decedent made an online designation of beneficiary via the Vanguard investments' website, naming the "Virginia Tech School of Architecture" as the sole beneficiary of his investm ... ent account. At the time of the designation, the decedent suffered from advanced stage liver failure and the beginning of renal failure, which caused encephalopathy and other physical problems. He also took medication for anxiety and depression. He was treated at Roanoke Memorial Hospital on April 20, 2019, where he refused admission and then took a one-way flight to Las Vegas. He was admitted to Desert Springs Hospital in Las Vegas twice, once on May 2, 2019 and again on May 3. The primary issue was whether the decedent had the requisite capacity to make a beneficiary designation on May 1, 2019. After review of the decedent's medical records, plaintiff's experts opined that to a reasonable degree of medical certainty the decedent's liver failure, kidney failure, encephalopathy, other health issues and prescribed medications diminished his mental status to the extent that he did not have capacity to make beneficiary designation on May 1. Decedent did not have any known contact with Virginia Tech after his graduation nearly 40 years ago. He did not discuss gifts to the university with anyone....