Arlington, TX asked in Estate Planning and Elder Law for Texas

Q: . Must 2 doctors do mental tests in order to be qualified to sign "incompetency clause"?

Dad's trust has incompetency clause.

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If that is what the trust says, that is what is required. It is becoming increasingly difficult to find physicians who will do this short of a lengthy dementia workup or a Physician's Certificate of Medical Examination prepared in connection with a guardianship application. It does affect the patient-physician relationship. Some trust documents can be amended by the grantor to permit him to declare himself mentally incompetent for a time, for example, while hospitalized.

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