How to Declare a Signatory “Incapacitated”: Attorney William Zac White Argues Inconsistent Definitions of Incapacitated

This writer is a defendant in a suit in Searcy County Arkansas presided over by Judge Susan Weaver.

The attorney who wrote the complaint, William Z. White of Heber Springs wrote that my ex-boyfriend, Micheal Pietrczak, was “incapacitated” when he signed a gift deed of property in Witts Spring, Arkansas to a trust of which I am a beneficiary.

The case was dismissed without prejudice and refiled years later, with almost identical claims. Judge Susan Kaye Weaver appears to be bending over backwards to transfer title of the 40 acres and once stunning cabin to Mr. White’s clients.

Attorney William White filed a separate petition regarding people unrelated to me on February 1, 2022. It is a probate matter. A will drafted by “Zac” White, signed December 15, 2022 was added as an exhibit. (IN THE MATTER OF THE ESTATE OF WILLIAM E. HAGGARD, DECEASED, Cleburne County Case No. 12PR-21-20)

This is the verbatim definition of “incapacitated” as defined by Attorney White in the will.

“(d) Incapacity

Except as otherwise provided in my Will, a person is deemed incapacitated
in any one of the following circumstances.

(1) The Opinion of Two Licensed Physicians
An individual is deemed incapacitated whenever, in the
opinion of two licensed physicians, the individual is unable
to effectively manage his or her property or financial affairs,
whether as a result of age, illness, use of prescription
medications, drugs or other substances, or any other cause.
An individual is deemed restored to capacity whenever the
individual’s personal or attending physician provides a
written opinion that the individual is able to effectively
manage his or her property and financial affairs.

(2) Court Determination
An individual is deemed incapacitated if a court of
competent jurisdiction has declared the individual to be
disabled, incompetent, or legally incapacitated.

(3) Disappearance, Absence, or Detention
An individual is deemed incapacitated whenever, in my
Trustee’s sole and absolute discretion, he or she cannot
effectively manage his or her property or financial affairs
due to disappearance, absence, or detention (including
incarceration).

A person’s disappearance, absence, or detention (including
incarceration), may be established by an affidavit of my
Trustee describing the relevant circumstances. A third party
dealing in good faith with my Trustee may rely on the
affidavit as conclusive evidence of incapacity.”

In the complaint of Micheal Pietrczak v. Rural Revival Living Trust and Laura Lynn, 65CV-21-20, the plaintiff gave no evidence that two professionals deemed Pietrczak “incapacitated” at or around the time he signed the deed. No professional mental health practitioner deemed Mr. Pietrczak incapacitated.

There was no court order stating Pietrczak was incapacitated at or around the time he signed the deed.

Mr. Pietrczak was present when he signed the deed.

It is interesting to note that W.Z. White represented one son, Colt G. Haggard, and the decedent wrote his second son out of his will entirely about 18 days before his death.