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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Can my Sisters Lawyer be sued for taking advantage of her

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Can my Sister's Lawyer be sued for taking advantage of her mental state and taking over her personal needs saying things to push me away from her?

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, an attorney generally serves at the wish of the client. If the client is incompetent, then the attorney cannot make decisions harming the client, and if they have a 'power of attorney' in place, they end up obtaining a fiduciary duty over the client as well. Having said that, they do serve the client--so if they for whatever reason find your influence to be harmful, they can then make decisions that they deem as best for her own benefit. I have no idea if that is the case, merely pointing out that they do have some degree of autonomy in what they deem to be in the best interest of their client.

Good luck.

Customer: replied 4 years ago.

I have always had my Sisters best interest and never done anything but help her. I have 4 grown children who can prove this to be true. I have always protected and helped her. If I can prove what I'm saying is true, could he be sued?

Thank you for your follow-up.

He can be sued if you show that he utilized undue influence to help himself obtain profit or interest in her estate and assets that he otherwise would not have obtained. Then it may be both a legal malpractice claim and also a claim for the fiduciary duty breach that I discussed above. I would suggest that if you have evidence, first consider contacting the local county bar association and filing a grievance, as that would really be your first step in this situation.

Good luck.

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