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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36971
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in the state of Maryland. My sister had my mother

Customer Question

I live in the state of Maryland. My sister had my mother declared incompetent because of alzheimers by having 2 Doctors signatures. One of the Doctors hadn't seen my mother in months . Is that legal for him to sign an incompetency for without seeing her?
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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It is completely improper for the doctor to sign off on the declaration without first having examined and spoken with mother first. The exception would be if the second doctor had examined her in the past and had concluded that she was medically incompetent then and they then spoke with the first doctor who confirmed that her illness had progressed.

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But this would give someone grounds to contest the guardianship, if only temporarily until there was a formal second examination with the doctor then signing off on any report.

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thanks

Barrister

Customer: replied 11 months ago.
The second signature came from a Dr. had seen my mother 7 months before. My sister just sent him a fax asking him to sign and he signed it. What I'm saying is that did he have to see her within a certain period of time before signing ?
Customer: replied 11 months ago.
The dr. never spoke to the first Dr. The first signature was 5 or 6 years before so my sister could be POA
Expert:  Barrister replied 11 months ago.

What I'm saying is that did he have to see her within a certain period of time before signing ?

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There is not anything specifically by statute that gives a time limit... They just typically say that the Dr. has to have examined the proposed ward and found them to be medically or mentally incompetent.

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But from a practical perspective, the two examinations should occur after the guardianship proceeding is filed and before any final ruling is made and I think that would give someone legal grounds to object because an exam 7 months ago might not reflect the current situation.

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thanks

Barrister