Legal Question in Elder Law in Illinois

I work at a nursing home and one of my Resident's was given an involuntary discharge. He filed an appeal and was granted the hearing. Our Ombudsman asked if he wanted an attorney to represent him, and he agreed. No other advocate was there for him that day during the hearing. This Resident was handed a contract signed by his representing attorney, the ombudsman, and the facility attorney. This contract set up the terms of the "agreement" he had just come into. My question is this: by having a representing attorney, did this Resident automatically waive his right to give consent to this contract? He verbally declared that there were things on this contract that he physically could not do, but did NOT sign this agreement in the first place. I want to make sure that his rights were upheld. This man is of sound mind, oriented x3 and able to make his own decisions. This attorney was not his power of attorney either. Is this contract a binding document even without the clients consent??? Any help on this situation would be greatly appreciated!!!!


Asked on 9/25/09, 4:53 am

1 Answer from Attorneys
Dana Johnson Atticus Law Firm

Hello,

If the representing attorney did not act in accordance with the resident's direction, there may be a malpractice issue. Based on my understanding of the facts as stated in your question, the answer depends on the private communications between the resident and his attorney.

Please understand this communication is not intended as legal advice for your particular circumstances. The information is provided for general instruction only. We are not in an attorney-client relationship, this is not legal advice, and this communication is not privileged.

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Answered on 10/08/09, 11:30 am


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