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Sound Mind

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#1 gmamajojo


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Posted 30 August 2010 - 07:09 AM

How do you determine if an elderly person sitting in front of you is of sound mind?

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#2 Fallen


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Posted 30 August 2010 - 07:14 AM

"You" wouldn't; a medical professional would ... or a court would, in conjunction with medical professional's opinion.

Care to provide some context here? 

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

#3 pg1067


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Posted 30 August 2010 - 10:22 AM

Your question makes little sense.  I've never had occasion to make such a determination (although I have referred to people -- both elderly and otherwise -- as "crazy" on many occasions).  Whether someone is or isn't of "sound mind" typically only arises in litigation in which someone contends that someone else was not of "sound mind."  In such a case, the court or a jury will make the determination based on the evidence presented.  If one is an attorney and has reason to suspect that client or some other person might not be of "sound mind," then the attorney may refrain from performing certain work or discuss the issue with a relative or someone else involved.  I can't say much more than that without some context.

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