Can we sue an attorney who we believe is taking advantage of an elderly woman's failing mental health? 1 Answers as of March 06, 2011

I have an aunt who has advanced Alzheimer disease. She is currently living in a retirement home. She is very well off and the family had hired an attorney to help take care of her finances. We just received a copy of an invoice that he sent to my aunt for last year's services in which he charged her over $85,000 for his services. While he does help her, there is no way that he put in enough hours to warrant $85,000 worth of work. We think that he is exploiting her and getting her to pay him more than he deserves based on her level of wealth and declining mental health. We think he is exploiting her. What is the best plan of action going forward? Can we sue him?

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You are going off half cocked right now. get an itemized statement of his time . review it with some knowledgeable people (another lawyer or accountant.) then make some intelligent decisions as to whether he spent that much time. If he did pay him. If he did not sue him for breach of fiduciary relationship, fraud or embezzlement or whatever seems to be appropriate. Ask him for documentation to back up his time entries.
Answer Applies to: North Carolina
Replied: 3/6/2011
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