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Florida Estate Planning, Trust Litigation & Probate FAQ's

 

Q: Dad is giving money away left and right, but his doctor says he has capacity.  Is there anything I can do?

A: Get ready to be shocked; many medical doctors have very little understanding whether your loved one has legal capacity or is incapacitated.  Further, understand that capacity is a legal not a medical term.  I have had several cases where the children or grandchildren were convinced that dad/grandpa et cetera was not the same person, but the doctor said dad/grandpa was fine.  In one case I distinctly remember, the general practitioner was convinced that grandpa had capacity, but after the grandson filed a petition to determine incapacity, it became very obvious that grandpa lacked capacity and had impaired functioning.  The court found grandpa lacked capacity and the court prevented a wealthy 92 year old man from marrying a 56 year old caretaker earning $12.00 per hour.  If you have questions it pays to talk to a qualified guardianship attorney to understand your options.  Contact Matthew A. Linde, P.A. today.

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