Adding one very simple step in your estate planning process can reduce the potential for family discord later should one of your aging loved ones exhibit signs of dementia or forgetfulness. This could lead other family members to wonder whether the person knew what he was doing when drafting and signing estate planning documents. Encouraging clients to obtain a Letter of Competency at the time that they sign their will, advance directives, Power of Attorney forms and other legal documents ensures to others that when they executed these documents, they possessed the mental capacity to make these important decisions.
This form can be requested from a primary care physician who sees the patient over a significant period of time and is very familiar with his or her baseline mental and physical health. It may also be obtained from a doctor who specializes in cognition such as a psychiatrist or a neurologist. These medical providers perform a specific series of tests to check for mental capacity.
A letter of Competency should include the patient's name, date of birth and the nature of the patient - physician relationship as well as the duration of this relationship. It should then provide a statement from the physician testifying to the patient's ability to make independent decisions regarding healthcare, finances and legal matters. It should also include any relevant medical diagnoses such as dementia related conditions or developmental disabilities. Make sure to also include the medical provider’s contact information.
Keep in mind that it is wise to work with your estate planning attorney to determine if there are any other facts or supporting evidence that should be included. Have the physician keep a copy in the patient's medical file and then keep a copy with the estate planning documents.
Having a Letter of Competency alongside these documents prevents many future disagreements among family members. For more information on creating a comprehensive estate plan and including a Letter of Competency, please contact Stouffer legal in the Greater Baltimore area.
