Can my father's attorney be disbarred for making my father sign a document when he has been declared incompetent? 3 Answers as of May 13, 2015

Hi, my dad's lawyer had him sign a document for financial records after my Dad's doctor told him he was declared in competent and had them sent to a third party. Can he be disbarred for that?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
It is up to the Bar Assn; I can't predict what they might do.
Answer Applies to: California
Replied: 5/13/2015
Law Offices of George H. Shers | George H. Shers
Many improper acts do not result in disbarment, most just result in a warning or milder sanctions. My guess is that if that was the only improper act the attorney has done, he would not be disbarred. But you need to find out for sure that the Dr. stated your father was entirely mentally incompetent [even people with severe mental problems have periods of time that they are mentally competent]. Also, what was the advantage to the attorney to have your father sign? If the attorney was not gaining anything, why would he risk punishment? Are you sure he acted improperly?
Answer Applies to: California
Replied: 5/13/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
What's your objective here? If you believe that your rights have been affected consult a lawyer if there is anything inappropriate done by the lawyer the new lawyer should be able to guide you.
Answer Applies to: California
Replied: 5/13/2015
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