The questionable mental capacity of a loved one can breed all sorts of issues of jealousy and suspicion. This can cause family members to turn on one another. Adding a simple step to one’s estate plan can avoid this entire mess.

Letter of Competency

     A letter of competency is a statement from a physician that outlines that the person is capable of making sound decisions. 

     Attorneys are prohibited from allowing incompentent individuals create or change legal documents. Legally ensuring that a senior is competent should alleviate the risk of any issues down the road. It’s best to encourage your loved one to obtain a letter of competency at the time their estate plan is made. This will help dispel any future issues against the mental capacity of your loved one. 

Getting a letter of competency

     It’s best to get this letter from a doctor who has seen the patient for several years. For most people, their primary care physician would be an ideal choice. In some cases it would be best to get a letter from a doctor who specializes in mental health. If your not sure the best way to go about it, you can always ask the attorney you are working with for the best advice. 

What to include in a physician letter of competency

     A letter from a doctor who has assessed the patient should include

• Patient’s name
• Date of diagnosis
• Date the patient-physician relationship was established
• Birth date of patient
• Statement testifying that the patient can make their own decisions
• Patients medical issues
• Diagnosis for medical issues
• Physician contact information. 

     Get with your attorney to make sure what exactly will be needed in this letter. Keep all the original copies and keep them locked away somewhere safe. 

Documentation is key

     It is difficult to determine if anyone in the family may argue against the validity of a loved one’s legal documents. These cases are often lengthy and expensive without the right documentation. It may be best to seek even more proof that your loved one is fully competent. One can also go through Adult Protective Services (ADS)  for help in providing legal proof of competency.

     The best way to protect yourself and your loved ones is to contact your local elder law attorney. They can help you set up an estate plan in order to protect yourself and your assets.