Legal Question in Civil Litigation in Florida

I'm being sued by my mom who has dementia and is 90 (Fla) She is the plaintiff! This is a civil lawsuit. (violation of fiduciary duties, which is a fabrication) Can the case be dismissed because she has dementia, but is the plaintiff? A greedy relative is behind this and it's disgusting!


Asked on 2/21/11, 9:49 pm

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

You can challenge the competency of the plaintiff to bring the action, but it will be an evidential issue. Does she have a guardian or a durable power of attorney or other legally appointed agent?

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Answered on 2/22/11, 6:55 am


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