Affidavit of Incompetence

This is a discussion on Affidavit of Incompetence within the Elder Law forum, part of the Other Family Law Matters category; A friend of mine has dementia and his ex wife is currently his poa, she is trying to have him ...

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Old Apr 22nd, 2007, 04:57 PM   #1

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Default Affidavit of Incompetence

A friend of mine has dementia and his ex wife is currently his poa, she is trying to have him declared imcompetent and has obtained an affidavit from one doctor. Everyone who knows my friend and has daily contact with him realizes that he is still competent, although he has pronounced language aphasia and must be comfortable with someone before he can easily speak with them. He does not speak in stressful situations and rarely speaks to his ex-wife, and she is the one who takes him to all his doctors' appointments.

His ex wife is a nursing supervisor at the local hospital and is a medical colleague of all the doctors in the city, because they all have hospital privileges. (This is a small city.) Could there be a conflict of interest? The doctor who has signed this affidavit is his neurologist and to this point has given instructions that the assisted living facility in which he lives can allow him to take walks on his own and allows him to take his own medication. He also does not need any queing for mealtimes, he bathes and dresses himself, and is, basically, independent except that the POA handles his finances and has placed him in the assisted living facility. It seems very strange to me that this doctor is able to declare someone who is this independent incompetent.
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Old Apr 24th, 2007, 05:16 PM   #2

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Default Re: Affidavit of Incompetence

he or any interested party can ask a judge to intervene and review the evidence.
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