The Sacramento California Affidavit of Medical Doctor as to Incapacity of Person In Order for Power of Attorney to Become Effective is a crucial legal document that serves an important purpose in the realm of estate planning and decision-making. This affidavit is designed to determine the mental capacity of an individual, and subsequently allow the appointed power of attorney to act on their behalf. In Sacramento, California, there are two main types of affidavits that are commonly used for this purpose: 1. General Affidavit of Medical Doctor as to Incapacity: This affidavit is utilized when there is a need to establish the current mental condition of an individual in order for a power of attorney to take effect. A licensed medical doctor provides a detailed evaluation of the person's mental capacity, including any diagnosed conditions or impairments that may affect their decision-making abilities. This document is often utilized in cases where an elderly person may be suffering from dementia or other cognitive impairments. 2. Temporary Affidavit of Medical Doctor as to Incapacity: Sometimes, a power of attorney may need to be enacted temporarily due to a person's temporary incapacity, such as a medical emergency or an upcoming surgery. In such cases, a temporary affidavit is used to assess the person's current mental state and determine whether they are unable to make key decisions on their own. This affidavit is valid for a specific duration until the person recovers from their temporary incapacity. The Sacramento California Affidavit of Medical Doctor as to Incapacity of Person In Order for Power of Attorney to Become Effective requires specific information to be included: 1. Identifying information of the person for whom the affidavit is being prepared, including their full legal name, date of birth, and current address. 2. Details about the medical doctor providing the affidavit such as their name, contact information, and medical license number. 3. A comprehensive medical evaluation of the person's mental capacity, including any diagnosed conditions, impairments, or disabilities that prevent them from making informed decisions. 4. The doctor's professional opinion on the person's incapacity and their ability to understand the implications and consequences of granting a power of attorney. 5. The date the affidavit was prepared and signed by the medical doctor. It's important to note that the Sacramento California Affidavit of Medical Doctor as to Incapacity of Person In Order for Power of Attorney to Become Effective must be prepared and signed by a licensed medical doctor who has personally evaluated the individual's mental capacity. This document plays a crucial role in enabling the legal authority of the power of attorney to make decisions on behalf of the incapacitated person.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.