The term incapacity is subject to different meanings. In probate law, testamentary incapacity refers to a lack of the ability to understand one's actions in making a will and knowing who the people are who stand to inherit. The test for the necessity of a conservatorship is if the person is, by reason of advanced age, physical incapacity or mental weakness, incapable of managing his own estate. Contractual capacity is lack of the ability to understand that a contract is being made and the general nature of the contract.
The Michigan Affidavit of Medical Doctor as to Incapacity of Person is a crucial document that plays a significant role in determining the effectiveness of a Power of Attorney. This affidavit serves as proof of an individual's incapacity and is necessary to grant authority to their appointed agent. The Power of Attorney becomes operative only when the person granting the authority, known as the principal, is deemed incapable of making decisions on their own. In Michigan, there are primarily two types of Affidavit of Medical Doctor as to Incapacity of Person In Order for Power of Attorney to Become Effective: 1. General Affidavit of Medical Doctor as to Incapacity: This document is utilized when a person seeks to establish their general incapacity for decision-making purposes. It involves a comprehensive examination and evaluation by a licensed medical doctor who will assess the individual's mental and physical health conditions. The doctor will provide a detailed analysis and professional opinion on the individual's incapacity, indicating whether they are unable to make sound judgments regarding their personal affairs. 2. Limited Affidavit of Medical Doctor as to Incapacity: This particular affidavit is used when the individual's incapacity pertains to a specific aspect or area of decision-making. For example, if the person is capable of managing their financial affairs but seeks assistance with medical decisions, a limited affidavit would be appropriate. In this case, the medical doctor would focus solely on evaluating the individual's capacity relevant to the specific decision-making area. The Affidavit of Medical Doctor as to Incapacity requires precise and detailed information to ensure its effectiveness. It typically includes sections for the doctor's credentials, the principal's personal information, a comprehensive assessment of the individual's condition, and the doctor's professional opinion regarding their ongoing incapacity. Overall, the Michigan Affidavit of Medical Doctor as to Incapacity of Person plays a critical role in ensuring the proper execution of a Power of Attorney. It is essential to consult with a knowledgeable attorney to properly draft and execute this legal document, considering the specific circumstances and needs of the principal.
