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Legal Ethics/having someone declared incompetent in a nursing home

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Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 5/9/2007


Question
What do you do when a person has written a document saying if her own personal doctor says she is incompetent that she is appointing someone her power of attorney...then the home brings in someone totally new (a doctor who goes to ALL the homes and has no experience in elder health care)behind her daughter's back and declares her incompetent?  How do you undo this horrible mess?

Answer
Kacey,

You would file an objection with the probate court when they request she be declared as legally incompetent. There should be a request for a guardian ad litem to determine what is in the person's best interests. It will be up to the judge or commissioner to select a guardian ad litem and to listen to the testimony to determine if the person is competent.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

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Paul D. Friedman, M.A., Ph.D., J.D.

Expertise

I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.

I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.

I can answer questions dealing with general ethics principles, including legal ethics, medical ethics, bioethics and business ethics. I do not give legal advice over the internet.

For more information, you can view my website at WWW.EXPERTETHICS.COM

Experience

Experience in the area
I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.

Organizations belong to
State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

Education/Credentials
Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosphy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who

Publications
A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM

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