Attorney ethics in question

[Kibibi]

What is the name of your state (only U.S. law)? WA My father (who has dementia) was represented by his attorney in a real estate deal that was not in my father best interests at all. No doubt my father signed on the dotted line, but he had been diagnosed with dementia at the time and his attorney knew this. His then wife pushed very hard for this deal, which she was a party to and the sale benefited greatly, after which she promptly divorced him. The property sale, and it's effect on his estate came up in the divorce trial (same attorney for the divorce) but I think the attorney knew he was in trouble and really let the trial crash and burn. As my fathers guardian, I am now faced with meeting his needs, and knowing some folks got away with robbery. I think the attorney just took the $2500 in fees on the real estate deal without too much thought to the long term consequences on my fathers income. My father income would have kept pace with his needs but now it does not. Should I just forget about it, or maybe this guy should be stopped.

[HomeGuru]

Originally Posted by Kibibi

What is the name of your state (only U.S. law)? WA My father (who has dementia) was represented by his attorney in a real estate deal that was not in my father best interests at all. No doubt my father signed on the dotted line, but he had been diagnosed with dementia at the time and his attorney knew this. His then wife pushed very hard for this deal, which she was a party to and the sale benefited greatly, after which she promptly divorced him. The property sale, and it's effect on his estate came up in the divorce trial (same attorney for the divorce) but I think the attorney knew he was in trouble and really let the trial crash and burn. As my fathers guardian, I am now faced with meeting his needs, and knowing some folks got away with robbery. I think the attorney just took the $2500 in fees on the real estate deal without too much thought to the long term consequences on my fathers income. My father income would have kept pace with his needs but now it does not. Should I just forget about it, or maybe this guy should be stopped.

**A: forget about it unless you have a case as reviewed by an attorney that specializes in elderly law.

[Dandy Don]

Did your father give this man power of attorney with legal authority to handle his finances? Is there an official, written diagnosis of dementia by a physician? How much in financial damages would you be suing for?

[ninalou]

Hello,
If you can prove (and you would need a doctor's testimony) your father had dementia at the time he signed the agreement, then any contract would be null and void. I went through this last summer when I was appointed guardian for my father estate & person. It's difficult and time consuming, but it can be done. You DO need to get an attorney specializing in elder law and the documentation showing how long your father has had dementia.

Good luck and all the best to your father.
Nina

[tranquility]

Goals, facts, conditions and actions are all important. There is nothing in your facts which indicate a breach of duty of some way, but there is potential. See a knowledeable person who can advise. There are possibilities and your facts seem suspicious, but one does not have to be sucessful to be not liable.