Why You Might Need a Letter of Competency (and How to Get One)

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As we journey through life, making provisions for our loved ones and managing our affairs are paramount concerns.

The importance of securing a letter of competency is often overlooked but can serve as a powerful tool in preserving the integrity of one’s wishes, especially in situations where mental clarity and decision-making abilities may come into question.

Whether you’re planning for yourself, a parent, or a family member facing cognitive challenges, understanding why and how to obtain a letter of competency can help mitigate future conflicts and protect the best interests of all parties involved.

What is a Letter of Competency?

A letter of competency is a formal document written and signed by a licensed physician affirming a person’s mental capacity to make decisions independently.

This letter is particularly relevant in situations where a personโ€™s decision-making abilities might be called into question, such as during estate planning, establishing guardianship, or addressing potential mental decline in conditions like dementia.

The document serves as proof that, at the time of drafting essential legal documents or making critical choices, the individual was of sound mind.

A letter of competency typically includes:

  • The patient’s full name and date of birth
  • The nature and duration of the doctor-patient relationship
  • A statement affirming the patientโ€™s ability to make independent decisions in financial, legal, and healthcare matters
  • Any relevant diagnoses or cognitive assessments
  • The date of each diagnosis, if applicable
  • The doctorโ€™s contact information

Why Might You Need a Letter of Competency?

1. Protecting Estate Plans and Legal Documents

One of the primary motivations for obtaining a letter of competency is to defend the validity of estate plans, wills, trusts, and other legal documents.

In many cases, family members who feel excluded or unfairly treated in a will may challenge it in court, claiming that the person who created it lacked mental capacity.

A letter of competency serves as a powerful deterrent against such claims, affirming that the individual was fully capable of understanding and consenting to their decisions.

2. Ensuring Guardianship and Conservatorship Decisions

When an individual becomes unable to make decisions for themselves due to cognitive decline or other health issues, family members may need to seek guardianship or conservatorship.

Courts typically require evidence of incompetence before appointing a guardian, and a doctorโ€™s letter of incompetency or competency can be crucial. T

his letter can be instrumental in determining the best course of action for protecting the person’s rights and ensuring they receive the care they need.

3. Minimizing Family Disputes and Future Discord

In the face of dementia or forgetfulness, family members may question whether a loved one was mentally competent at the time they made significant decisions.

By obtaining a letter of competency, the person provides proof of their mental clarity, reducing the likelihood of disagreements over their estate, healthcare choices, or other important matters.

4. Confirming Decision-Making Ability in Healthcare and Financial Matters

Beyond legal documents, a letter of competency can also verify a personโ€™s capacity to make healthcare and financial decisions independently.

This might include consenting to or refusing medical treatments, handling finances, or deciding on living arrangements.

Having this documentation can provide peace of mind for the personโ€™s family and healthcare providers, ensuring that the individualโ€™s wishes are respected.

When to Consider

  • If someone is struggling with personal care, dressing, cooking, or housekeeping, it may be a sign of cognitive decline.
  • Allowing strangers into the home, neglecting to lock doors, or making irrational purchases could indicate impaired judgment.
  • Difficulty handling finances, forgetting how to write checks, or falling victim to scams may suggest a need for a letter of competency.
  • If someone refuses help, neglects medication, or insists on unsafe actions, it may be wise to assess their mental capacity.

How to Obtain One

1. Choose the Right Physician

The letter of competency is typically provided by the individualโ€™s primary care physician, who is familiar with their medical history and has monitored their cognitive health over time.

However, in some cases, seeking a specialist in cognitionโ€”such as a neurologist, psychiatrist, or geriatricianโ€”may provide added credibility, especially if there is concern over potential legal challenges.

2. Schedule a Comprehensive Evaluation

The doctor will likely conduct tests that evaluate memory, reasoning, problem-solving, and decision-making skills.

This evaluation needs to take place under controlled, unbiased circumstances to ensure accurate results.

3. Discuss Any Relevant Medical Conditions

In the evaluation process, the doctor will consider any medical conditions that might impact mental capacity, such as dementia, Alzheimerโ€™s, or other neurological disorders.

This information, if relevant, will be included in the letter, along with any known date of diagnosis, to provide a full picture of the personโ€™s cognitive health.

4. Request the Letter on Official Letterhead

The letter of competency should be printed on the doctorโ€™s official letterhead and contain all the pertinent information: the patientโ€™s name, date of birth, relationship to the physician, and a statement affirming mental capacity for decision-making.

Including the doctorโ€™s contact information is also crucial in case additional verification is needed.

5. Store the Letter with Other Legal Documents

Once obtained, the letter of competency should be stored in a safe place, alongside other critical legal documents such as wills, trusts, and powers of attorney.

Copies should be kept with an estate planning attorney, with the doctor, and in any other secure location where estate documents are managed.

Final Thoughts

Obtaining a letter of competency may feel like a challenging step, especially when it involves a loved oneโ€™s mental decline.

However, it provides a powerful safeguard against future conflicts, ensuring that an individualโ€™s wishes are upheld and protecting their rights.

Whether youโ€™re planning your own estate or assisting a family member, taking the time to obtain this documentation now can prevent much heartache later.

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