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Marcus Parker
Marcus Parker, Attorney
Category: Estate Law
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Experience:  Experienced in wills, estates, and trusts
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Where can I obtain a physicians declaration of incompetence

Resolved Question:

Where can I obtain a "physician's declaration of incompetence" form (California)?
Submitted: 5 years ago.
Category: Estate Law
Expert:  Marcus Parker replied 5 years ago.
What is such a form required for?
Customer: replied 5 years ago.
Psychologist requested form when requested to supply a physician's letter stating party is "unable properly to care for her person and property"--which is required according to the terms of her Trust for her husband to become her official Trustee.
Expert:  Marcus Parker replied 5 years ago.

"In most western countries, including the U.S., licensed/registered psychologists hold a doctorate in their field, while licensed psychiatrists hold a medical degree with a specialty in psychiatry. Psychiatrists are physicians who have earned an MBBS/M.D. or a D.O. professional degree, whereas psychologists have earned a doctoral degree Ph.D., Psy.D., or Ed.D. " http://en.wikipedia.org/wiki/Psychologist

 

So a psychologist is not a physician. You need to go to a physician, such as a psychiatrist (but any physician would do), to get a letter reciting that the person is "unable properly to care for her person and property". You don't need a official form of some sort - a simple letter will do.

Marcus Parker, Attorney
Category: Estate Law
Satisfied Customers: 460
Experience: Experienced in wills, estates, and trusts
Marcus Parker and 5 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
My question was where could I obtain the form. The physician (who is actually a psychiatrist, not a psychologist--my error) is asking me for the form. I already told the psychiatrist the form was not required, only a simple letter. So I still don't know where I can obtain the form. But thank you for the confirmation.

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