Can a attorney or advocate represent a mentally disabled person? Where can one be obtained?

Asked over 1 year ago - New York, NY

This is a debt collection case where the defendant harassed plaintiff #2 whom is learning disabled in which the judge highly recommended that a attorney be obtained due to plaintiff #2 mental capacity. Attorney stated she could represent Plaintiff #1 but not sure if she could present Plaintiff# 2 due to the probability of not being able to comprehend all the questions he may be asked.

Attorney answers (2)

  1. David Michael Kasell


    Contributor Level 14


    Lawyer agrees

    Answered . Just because someone is learning disabled does not mean that person gives up any of their rights to be free from harassment in debt collection matters. One might argue that that is all the more reason that such a disabled person ought to have legal counsel.

    If there is a guardian for this individual or a person with Power of Attorney the guardian or POA should be consulted. Different people have different capacities to understand questions including those with learning disabilities. I am sure there are social services agencies that could help you find an attorney for your purposes. I am sorry to say I do not know where to suggest you begin your search. Make sure the attorney is competent to handle Fair Debt Collection Practices Act cases because the harassment sounds like the type of case you are dealing with.

    The information contained in this posting is for general information purposes only and does not constitute legal advice. The furnishing of this information does not create an attorney client relationship. An attorney client relationship requires the furnishing, review, and signing of a retainer agreement.

  2. Jayson Lutzky


    Contributor Level 20

    Answered . If the person is severely disabled, then he should have a guardian appointed. If the person is not dis led, then consult wo an attorney.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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