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Durable Power Of Attorney For Finances

Who Decides If I Am Incapacitated For Purposes Of A Power Of Attorney?

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P>If your Power Of Attorney doesn't take effect until you become incapacitated, the question of how your capacity is determined becomes very important.

You can state in the Power how incapacity is determined. For example, you can say that two doctors must decide that you are incapacitated. You can refine this further and say that two doctors must decide that you are incapacitated, and one of them must be a doctor who attends to your care, unless the doctor is unavailable.

If the issue is mental competency, you may require an opinion from a psychiatrist or clinical psychologist with experience in this area.

If you don't provide guidelines for a decision of incapacity, a court can make the decision using usual standards in your state of residence.

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