Older Clients with Questionable Legal Competence: Elder Law Practitioners and Treating Physicians

19 Pages Posted: 24 Aug 2010

See all articles by Marshall B. Kapp

Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Date Written: August 24, 2010

Abstract

Issues frequently arise in Elder Law practice concerning the cognitive and emotional ability of an older individual to make legally significant decisions. The physicians who have treated the person whose competence is being called into question, and/or the medical records generated by the treating physicians, often are sought by attorneys as sources of factual evidence regarding the patient’s symptoms and behaviors, clinical diagnoses, and treatments offered and dispensed. The attorney/physician interaction in this arena may be less than ideal. This essay examines some of the reasons for such interprofessional friction and makes suggestions for productively addressing the tension in a manner likely to benefit the allegedly incompetent person.

Suggested Citation

Kapp, Marshall, Older Clients with Questionable Legal Competence: Elder Law Practitioners and Treating Physicians (August 24, 2010). FSU College of Law, Public Law Research Paper No. 456, Available at SSRN: https://ssrn.com/abstract=1664711 or http://dx.doi.org/10.2139/ssrn.1664711

Marshall Kapp (Contact Author)

Florida State University - College of Law and College of Medicine ( email )

625 Eagle View Circle
Tallahassee, FL 32311
United States
618-534-1022 (Phone)

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