Legal Question in Wills and Trusts in Missouri
Is this lawyer malpractice?
An estate lawyer has an elderly client the he has been asked questions of in the past pertaining to her mental state. She is demonstrating behaviors of dementia/early alzheimers, yet refuses to accept that she has any problems and hasn't been to a doctor for help. The lawyer recently let his client change her trust/will/etc. removing a number of her family members and replacing her personal representative with a different person. Is this considered lawyer negligence or malpractice since the lawyer knows that his client is demonstrating mental issues?
1 Answer from Attorneys
Re: Is this lawyer malpractice?
You are assuming that you know what the lawyer knew or knows. I assume that the lawyer is not a medical doctor, psychologist, psychiatrist or some other professional who is qualified to make such a judgment. There are various things that family members can do if they are concerned about the mental health of a family member. You should consult with an attorney and carefully consider your options.
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