What happens if an attorney changes legal documents for someone who may have diminished capacity or mental illness?

UPDATED: Oct 1, 2022

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What happens if an attorney changes legal documents for someone who may have diminished capacity or mental illness?

My mom and I use the same atty. I should also note that we hav always had a close relationship, etc. I am the sole recipient of her assets upon her death, as I am an only child. A couple of weeks ago my mom who is 76 had a huge meltdown at my house. She shoved me and threw things at me. my daughter, as well as a couple of other family members think she is mentally unstable. After speaking with the social worker at her doctor’s office, it seems clear that there is some mental incapacity of some kind. We know that she is changing all of her legal docs Will, Trust, etc. When

we contacted her our attorney, she very pointedly told us she cannot advise regarding my mom. I get that part, even tho we referred my mom to her, but my daughter asked that she please

Asked on January 23, 2018 under Estate Planning, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I think you need to get legal help asap.  You need to bring a guiardianship and conservatorship petition with regard to your Mom to have her evaluated. If she changes her Will while she has diminshed capacity then likely you can have it set aside.  But you need to have her lawyer put on notice and not via phone call.  A letter from another attorney will make your Mom's lawyer sit back and take notice.  Good luck.

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