Who Determines Incapacity?
In California, the court makes the final determination of capacity. However, the court will request medical opinions from experts who have examined the individual. If there is no challenge to the incapacity determination, the court can rely on medical records. However, if such a finding is contested, then the court will likely request an independent psychological analysis to provide additional support for the decision.
A finding of incapacity can be temporary if the condition causing the incapacity has been effectively treated and when it is demonstrated to the court that the person has regained his or her capacity. If the determination is reversed, then the individual’s decision-making capabilities are reinstated.
An Incapacity Attorney to Help Manage Your Affairs
At McCunn Law, we recognize that caring for a loved one under such circumstances is often a traumatic occasion. For assistance in developing an estate plan to prepare for the future possibility that you may one day become incapacitated, or for help dealing with the complexities of an incapacitated loved one’s estate, contact our experienced team at 916-250-3840 or online today.