If Don is judicially determined to be mentally unfit to serve as the family trustee, could that decision have an effect on whether he had the capacity to make the attorney-client fee contracts between him and his lawyers?
Are those attorney-client contracts voidable and subject to rescission?
There is a rebuttable presumption which affects the burden of proof that a person is of unsound mind if the person is substantially unable to manage his or her own financial resources.
Isn't that the reason the doctors gave for Don being unfit to be co-trustee of The Sterling Family Trust?
"In my opinion he is substantially unable to manage his finances and resist fraud and undue influence, and is no longer competent to act as trustee of his trust," concluded Dr. James E. Spar, who is affiliated with the division of geriatric psychiatry at UCLA.If Don is willing to sue his wife and the NBA, do you think he'd be shy about litigating against his lawyers?