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cafreyusa Asked November 2013

Does an attorney have the authority to determine the mental state of an elderly man in order he can run his own affairs by himself?

A 94 year old man was driven to an attorney's office for the sole reason so he could take charge if his own affairs and not let anyone tell him what to do. The problem was he had just completed radiation for cancer, had a kidney infection and was just put into an assisted living facility because he was falling and having mental lapses.

No doctor, psychologist or psychiatrist was called to help in this determination. The attorney did this all by herself within an hour. What this did was remove the safe guard that was in place to watch his two caregivers.

It appeared these two caregivers use both emotional and financial abuse to get this mad to even seek to see an attorney.

He died of a brain tumor two months after this all happened and it seems the two caregivers had open range to do and spend what they want.

pamstegma Nov 2013
The attorney draws up the papers, and the man can sign anything he wants to UNTIL he is determined incompetent by a JUDGE. Never mind what it appears to be, you may think he's lost it and the judge may disagree. If you have first hand knowledge of a crime, report it. If not, forget the rumors and hearsay, they are totally useless.

gladimhere Nov 2013
your post raises all kinds of questions. First if he was competent and you do not state otherwise except he was having mental lapses, we all have those especially when under stress of any kind. What safeguards? Were caregivers family members? How long had they been caring for him? Are you another family member that was impacted by the changes?

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