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To: AndrewC

And who's going to express to counsel what you wanted when you can't do that, so that aforementioned counsel may effectively represent your interests?


2,711 posted on 04/01/2005 6:49:55 AM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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To: general_re
And who's going to express to counsel what you wanted when you can't do that, so that aforementioned counsel may effectively represent your interests?

That is to be determined by the counsel unencumbered by any split loyalty. Here is Florida Law illustrating that concept.

744.331 Procedures to determine incapacity.--

(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--

(a)  The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The alleged incapacitated person may substitute her or his own attorney for the attorney appointed by the court.

(b)  Any attorney representing an alleged incapacitated person may not serve as guardian of the alleged incapacitated person or as counsel for the guardian of the alleged incapacitated person or the petitioner.

How does the attorney represent the wishes of incapacited person in this situation? What is his purpose?

2,715 posted on 04/01/2005 7:11:30 AM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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