incompetence ''medically speeking''
My family and I have started working with an attorney to get my elderly parents estate in order. while talking over having them sign a power fo attorney the question came up as to how a doctor comes to find someone incompetent. Is there a guideline doctors use to determine ones competence, and how easy is it to prove that a loved one is incompetent? I have been able to find the precedures to get one found incompetent but that has been steps by the courts. Medically speeking what determines ones competence?
1 Answer from Attorneys
Re: incompetence ''medically speeking''
I would suggest you consult with your family doctor to answer this question. It is a determination that he makes from all of the surrounding circumstances: how cognizant is the patient as to day, date and time (orientation); is the patient taking the prescribed meds as prescribed; how much does the patient rely upon others (particularly family members) to see that he or she is able to live alone; how much forgetfulness do other family members complain of? There is no one particular question or medical test that can answer your question. I assume you were discussing that a power of attorney would become effective at the time a doctor would be able to say a person is incompetent. Sometimes it is merely a matter of begin hospitalized and being sent to a nursing home, other times it is more esoteric.
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