Legal Question in Elder Law in New Jersey

can an attorney overide a 3 physician's reports of competancy

My grandmother has been diagnosed with alzheimers (moderate stage) Her attorney thinks she is competant to make own decisions and want to overide the three physicians who have deemed her incopetnant. I have requested with my husband who has medical proxy that we would like guardianship, he has refused us and stated he will assign someone. Her doctors recomended us she has lived with us for 17 years and has been taken very good care of. We have clearly lined out in her will that her money will soly go to her four children not us. Please hel I need an answer by 9/15/03.when we have the attorney meeting with him.


Asked on 10/10/03, 1:02 pm

1 Answer from Attorneys
Benjamin Laves Benjamin S. Laves, Esq.

Re: can an attorney overide a 3 physician's reports of competancy

A diagnosis of Alzheimers is a medical determination and is not conclusive of a determination that your grandmother is incompetent. Your grandmother's attorney is not overriding anyone's opinion, but merely expressing his own. People can be competent for certain purposes but not for others. A judgment of incompetency can only be made by a Judge after receiving testimony (expert & otherwise) who would then appoint a guardian. As an interested relative, you would be in a position to bring a guardianship proceeding for your grandmother. You should consult your own attorney after you clarify the doctors' opinions.

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Answered on 10/10/03, 2:54 pm


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