Should I be upset with my Dad's physician that said in court that Dad suffered from dementia and didn't have capacity to make decisions?

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PStern1966 Asked March 2015

Should I be upset with my Dad's physician that said in court that Dad suffered from dementia and didn't have capacity to make decisions?

The doctor's medical notes citing dementia fueled an expensive ($100,000) will contest that ended up going to trial. Even with the doctor appearing on behalf of my contesting sibling and stating under oath that he wouldn't trust my father's opinion on anything, the judge upheld my dad's wishes citing that capacity wasn't in question because there was clear evidence that he not only knew what he was doing, but had his reasons.

Elder Law

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score 0 · Answer 1

PStern, I hope the Judge awarded your brother to pay some of the legal cost that you incurred.

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score 0 · Answer 2

The judge ruled that my father had the mental capacity to change his will and that the doctor's opinion that he was incompetent didn't hold true based on the evidence presented at trial.

Don't feel sorry for the loosing party because as presented at trial, my brother had already received substantial sums of money from out father where I hadn't.

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score 0 · Answer 3

Who said the physician was not correct and the judge wrong? What makes you think a judge can diagnose dementia? So I am assuming you won and a sibling was left out? Sounds sad to me. I could be wrong.

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score 0 · Answer 4

i'd be angry too but if you can't do anything else it is perhaps better to try and nove on as anger can ruin your life.

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score 0 · Answer 5

We won. Although spending $100,000 to prove a case in court is a high price just to make the point that my late father's physician isn't qualified to diagnose dementia.

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