Legal Question in Wills and Trusts in California

certification of incapacitation

My father is incapacitated. He is terminally ill and on life support. For the purposes of updating our family trust, one of the articles require certification by 2 licensed physicians of his incapacitation. I need to draft a letter for these two physicians to sign declaring him physically and mentally incompetent.

I want to know how to draft this letter making sure I am using the proper language, or better yet, if there is a standard form I can use as an example and modify it to his specific condition.

Thank you

Asked on 4/18/06, 2:05 pm

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law
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Re: certification of incapacitation

contact the attorney who prepared the family trust for assistance.

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Answered on 4/21/06, 1:14 pm
Ken Koenen Koenen & Tokunaga, P.C.
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Re: certification of incapacitation

There is a form regarding capacity declaration for use in a conservatorship matter. The reality is that the doctors who care for your father should know what needs to be put into a declaration of incapacity. You should ask them to prepare such a declaration for you.

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Answered on 4/18/06, 4:32 pm

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