Health issues may affect one’s mental capacity. This can be devastating in many ways, but they can also complicate the basic legal planning that is recommended for all seniors. Adding a letter of competency to a senior’s legal planning process can reduce the potential for stress and familial discord down the road. Here is how to secure a letter of competency.
How a letter of competency works
Encouraging a loved one to obtain a letter of competency at the time their living will, advance directive, and any other legal documents are drafted and signed will help dispel any notions that these documents were created while they lacked the mental capacity to make medical, financial, and legal decisions. While attorneys are prohibited from helping incompetent individuals change or create legal documents, the legal definition of incompetence differs slightly from the medical definition of mental capacity. Ensuring that a person is both legally and medically capable of making decisions about the health care, finances, and estate should eliminate any doubt about the validity of their documentation.
When to obtain a letter of competency
Competency is not an easy determination to make. Depending on the cause, some people are competent one day and not another. Additionally, someone may have problems managing their finances but can make reasonable decisions about healthcare. As a caregiver or concerned family member, it can be challenging to know when to intervene or even what to look for.
Be on the alert for some of these behaviors:
- Inability to make safe decisions such as wandering or getting into car accidents
- Difficulty managing activities of daily living such as using the stove safely
- Problems managing finances like giving money away or authorizing work that doesn’t need to be done
- Avoiding going to the doctor, refusing help, not taking medications correctly
Your loved one many not be supportive of obtaining a letter, as they may not understand the reason or need for it. These conversations can be difficult and painful, but encouraging your loved one to make sound legal preparations, acting in their best interest, and taking every precaution to carefully document changes in their health and financial status will ensure that the process goes as smoothly as possible.
How to obtain a letter of competency
Most people request this letter from a primary care physician who has seen the patient over the course of several years and is familiar with any changes in their baseline mental and physical health. In some cases, obtaining this letter from a doctor who specializes in mental health and cognition, such as a psychiatrist or a neurologist, is a good idea. The attorney you’re working with can also give a recommendation as to which of a loved one’s physicians would be able to provide the most accurate statement.
What a letter of competency should include
A generic letter from a doctor attesting to a patient’s mental capacity should be printed on the physician’s letterhead and include the following fundamental piece of information:
- Patient’s name and date of birth
- Date the patient-physician relationships established
- Physician’s statement testifying to the patient’s ability or inability to make independent decisions regarding healthcare, finances, and legal matters
- The patient’s relevant medical diagnoses
- Date of diagnosis for each relevant medical issue
- Physician’s contact information
