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In re Copelan

The judgment finding that defendant was an incapacitated adult was not supported by clear and convincing evidence that she lacked mental capacity.

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Evelyn Copelan appeals the jury verdict of the Superior Court of Putnam County finding her an incapacitated adult as to her person and property. For the reasons discussed below, we reverse.

The standard of review on appeal from the denial of a motion for directed verdict or for judgment notwithstanding the verdict is “any evidence.” O.C.G.A. § 9-11-50a; Crump v. McDonald, 239 Ga. App. 647, 648 520 SE2d 283 1999. However, “any evidence” means any evidence “sufficient under the applicable standard”; here, the standard is clear and convincing evidence. O.C.G.A. § 29-5-11 a; Kodadek v. Lieberman, 247 Ga. App. 606, 610 2 __SE2d__2000. As such, under a clear and convincing standard, there must be substantial evidence to constitute “any evidence” to support a verdict under such intermediate standard of proof; a scintilla or slight amount of evidence would not satisfy such a higher standard of proof.1 O.C.G.A. § 29-5-11a; Kodadek v. Lieberman, supra. As the “any evidence” standard means any evidence “sufficient under the applicable standard” in the court below, to determine whether to uphold the jury’s finding in this case, the evidence supporting guardianship over Mrs. Copelan’s person and property must, indeed, have been clear and convincing.

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