Capacity declaration form 2026

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  1. Click ‘Get Form’ to open the capacity declaration form in the editor.
  2. Begin by filling out the attorney or party information at the top, including name, state bar number, and contact details.
  3. In the 'General Information' section, provide your name, office address, and specify your professional role (physician, psychologist, or religious practitioner).
  4. Complete items 1-4 regarding the proposed conservatee's details and your last interaction date.
  5. For item 5, indicate whether the proposed conservatee can attend court. If not, check applicable reasons.
  6. In section 6, evaluate the proposed conservatee's mental functions by checking appropriate designations for alertness, memory, and reasoning abilities.
  7. Conclude by signing and dating the form to affirm its accuracy before submitting it through our platform.

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2019 4.8 Satisfied (96 Votes)
2004 4.2 Satisfied (73 Votes)
1998 4.3 Satisfied (70 Votes)
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One of the most difficult documents to obtain in the conservatorship process is a capacity declaration. A capacity declaration is a document filled out by a doctor or a psychologist that goes into detail about the mental capabilities of the proposed conservatee.
How to Get a Letter of Capacity. It is best to request this letter from a doctor who has seen the patient for several years and is familiar with any changes in their baseline mental and physical health. For most people, their long-time primary care physician would be the best choice.
What is capacity? Capacity means the ability to use and understand information to make a decision, and communicate any decision made. A person lacks capacity if their mind is impaired or disturbed in some way, which means theyre unable to make a decision at that time.
This form is to be completed by a Physician, Psychologist or Religious Healing Practitioner to tell the court about the mental capacity of a potential conservatee.
Capacity refers to the legal ability to understand and make decisions. For estate planning documents to be valid, the individual creating them must have the capacity to understand their implications.
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