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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33704
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My mother has been diagnosed with Alzheimer's about 1 year

Customer Question

My mother has been diagnosed with Alzheimer's about 1 year ago. A well-meaning "friend" of hers asked her asked nephew to represent my mom so that I can't move her to a senior living center "against her will." He is representing her pro bono. She lives alone. Isn't eating regularly, forgets to take her pills, and has lost her short term memory. She is often very confused and forgetful. When I asked her about retaining an attorney, she had no recollection of doing so.My son has power of attorney for her and I am her healthcare agent. Is this contract valid?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If you are referring to the attorney representing mother, then if her illness has progressed to a point where she is unable to care for herself and doesn't remember agreeing for the attorney to represent her, then the answer is that the contract between her and the attorney is likely invalid.
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However, until someone files a guardianship petition and has a judge declare mother legally incompetent, then the representation agreement would be presumed valid because someone is presumed competent until they are declared legally incompetent.
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With that said, if someone was appointed guardian over her, then they would have the legal authority to make sure that she gets the care she needs, and could terminate the attorney's representation.
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thanks
Barrister