Newark, NJ asked in Family Law and Legal Malpractice for New Jersey

Q: In order to have somebody legally incapacitated, does a physicians exam need to be done for that specific reason?

Can a physician use an exam from 7 months ago, that was performed for another purpose, to declare somebody incapacitated

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: I dont know what purpose you are looking to have someone viewed as incompetent or incapacitated, but it sounds like it is either an estate issue or a medical malpractice issue and in either setting, you should meet with a certified specialist by the NJ Supreme Court. When running a google search, make sure to type in certified civil or estate lawyer by the NJ Supreme Court, because only about 4% of the entire population of lawyers in this state have that certification - which means that the lawyer had met specific requirements and has specific trial skills.

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