what physicians must fill out affidavits to declare my mother incompetent due to dementia so a durable power of attorney form she signed seven years ago can be enforced
Optional Information: State/Country relating to question: New York
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.If the standard statutory short form was used, then it is not necessary for a doctor to attest to her incapacity unless the form was modified. This is the standard language. Does the POA that you have say something different and if so what exactly does it say as to incapacity? This POWER OF ATTORNEY shall not be affected by my subsequent incapacity unless I have stated otherwise below, under “Modifications”.
This durable power of attorney shall become effective only if I lack the capacity to manage my property, and only if two physician affidavits are provided to the relevant third party.
What you would normally do is to have her examined by two different medical doctors and have them give notarized statements that she is not competent to manage her affairs. If can be any two medical doctors but one should be her primary physician. You would then record the POA and the statements with the registrar of deeds at the county courthouse. They will stamp and record the POA. You can then use it as necessary but keep the two statements attached to all copies.
Experience: Practicing family law attorney