Disability

Johnathan146

(141 posts)

6. I agree with the lawyer

Reply to Maraya1969 (Original post)

Tue Dec 27, 2016, 08:41 PM

Dec 2016

He is a lawyer. I'm going to assume he does not have a medical degree. He may believe you that your mom has the mental capacity to make that decision, but he can not legally make that diagnosis. He is not a doctor.

If something is brought up in court, the first question an opposing lawyer is going to ask would be about her mental capacity at the time. The lawyer can not testify to her mental capacity, he is not qualified. By getting a doctor to sign off, the doctor can testify to her mental capacity, and whatever she signs will hold up in court.

The lawyer is certainly covering his ass a little bit, but he is also looking out for you. You are going to a lawyer because you want something official that will hold up in court, and he is taking the steps to ensure it will hold up in court.

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So I go to the lawyer with my mom who has Aphasia to try and take care of this trust issue [View all] Maraya1969 Dec 2016 OP

Does she have a health care power of attorney. DURHAM D Dec 2016 #1

I don't know. She gave me a living will several years ago but I don't think that is power of Maraya1969 Dec 2016 #11

Don't be angry with the lawyer. He is trying to protect YOU The Velveteen Ocelot Dec 2016 #2

Sounds like the lawyer is doing his job SpookyDem Dec 2016 #3

This is pretty standard kimbutgar Dec 2016 #4

Seems the lawyer is just protecting your interests marylandblue Dec 2016 #5

I agree with the lawyer Johnathan146 Dec 2016 #6

I understand your frustration, but vlyons Dec 2016 #7

If you want it to work you need to do what the attorney says. Dustlawyer Dec 2016 #8

I get it. Phoenix61 Dec 2016 #9

i wouldn't be offended. unblock Dec 2016 #10

OK I get that he is trying to protect me and probably her. But the man should not have Maraya1969 Dec 2016 #12

Ok, so you have the right to be mad Johnathan146 Dec 2016 #14

It sounds as though the lawyer does not have a good bedside manner. nt No Vested Interest Dec 2016 #15

He's covering all bases - doing a good job citood Dec 2016 #13

Getting the dr's note will help you in the future if your Ilsa Dec 2016 #16