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lindasuesattic Asked July 2020

Certificate of incapacity from doctor?

Mom's house is in a trust that I am the trustee of.  I need to sell the house to pay for her care. Under secton 2.03 incapacity it states "Written certificates which are duly executed, witnessed, and acknowledged of two licensed physicians" etc. I call lawyer who made the trust to find out what the certificates were. He informed me that the doctors would know what was needed. Called doctor who sent me a letter stating mom has dementia and is on dementia meds. When I called the doctor to ask for the certificate I was told that they didn't have one and for me to fax them a copy for them fill out.
Any suggestions where or how to get the certificate for the doctor to fill out? Only certificates I can find on line are for getting certified to work with dementia patients.

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vegaslady Jul 2020
Just guessing here, but if a receptionist in a medical office told you they don't have such a certificate, get past that person to the doctor and explain what you need without using the "c" word. I'm pretty sure this won't be the first time the doctor has encountered a similar request.
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worriedinCali Jul 2020
If there was a certificate, wouldn’t the DOCTOR that send the letter, have sent the certificate if it existed? It doesn’t sound like the OP was given information over the phone by a receptionist, she has a letter from the doctor himself.
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Isthisrealyreal Jul 2020
The letter should suffice if the doctor uses the term: to certify that she no longer has the capacity to care for herself.

Stupid verbiage created to cause confusion. I would be sure and tell the attorney that they should not request something they don't know what it is.
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Geaton777 Jul 2020
lindasuesattic, you did what I would have done: ask original attorney. He sent you down a bunny trail. Now that you have pursued the elusive "certificate" from her doctors and can't get any, maybe now return again to the attorney (with the doctor letters in hand) for next steps. Or insist the lawyer provide the certificate template for the doctors to fill out. This should all be a free consultation since he created this mess in the first place. Don't leave his office until he gives you practical advice on how to move forward without certificates or with a template. Good luck!
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