Pennsyvania, PA asked in Elder Law for Pennsylvania

Q: Can an attorney determine if a senior citizen is competent or is this required to be done by a Dr.?

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1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in Pennsylvania

A: Not unless the attorney is also a medical doctor.

The attorney may know if a client is acting a little off at a personal meeting. If the attorney's suspicions are aroused and the lawyer feels that the client may not be competent, an ethical competent attorney either would refuse to do the legal work or would tell the client to go and see his/her doctor and get documentation showing that the client is competent if the lawyer is being asked to draft a deed conveying property to someone else or a financial power of attorney, will/trust or living will.

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