Ratings. Guidance. The Right Lawyer.
Is it not illegal to request false medical records to declare someone mentally incompetent?
Cleveland, OH
Viewed 179 times.
Posted 10 months ago in Health Care
Flag as objectionable
A friend's sibling has requested this persons Doctor to falsify records and show my friend as mentally incompetent. The sibling's goal is to take over my friends accounts. There is a great deal of money involved. My friends Doctor has refused but is concerned, as I am regarding this sibling's ruthless determination. Please advise me what steps can be taken to protect this person. Please note that the my friend has a a Power of Attorney. Is it possible to legally block all contact of the sibling?
- Is this your question? Add additional information
Answers (1)
Kenneth Allyn Sprang
This attorney is licensed in Ohio and 3 other states.
Posted 10 months ago.
Flag as objectionable
You said your friend has a "Power of Attorney." Does that mean he has designated someone his attorney-in-fact by executing a Power of Attorney and naming that person, or does it mean that your friend is the attorney-in-fact for someone else?
What your friend's brother has done may in fact be criminal. If it is a criminal violation, your friend could seek to press charged. To explore that matter, contact the Cuyahoga County Prosecutor's Office to inquire. If your friend is a senior citizen, there are laws in Ohio protecting the elderly from abuse, and that may be the basis for the complaint. It clearly si a type of fraud and probably gives rise to civil liability. Your friend should consult a lawyer to explore whether legal action is wise. She/ He might get an injunction among other things, a court order prohibiitng the sibling from contact, etc. Your friend should also be certain that the sibling cannot get at the funds. Although I am admitted to practice in Ohio and do some work in Ohio, this is not my area of expertise. However, I would be happy to make some recommendations of counsel in Ohio. Best regards, Ken |
