Massachusetts Affidavit as to Principal's Competence at Time of Granting Power of Attorney
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How to fill out Affidavit As To Principal's Competence At Time Of Granting Power Of Attorney?
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FAQ
To sign a Deed or Power of Attorney, for example, a person must have ?mental capacity.? This means they must know what the document is and must be able to sign the document for its intended purpose. It's one thing to know you are signing a Deed (a document that transfers real estate).
A letter of competency is typically written by a primary care physician who is familiar with any changes in a patient's baseline mental and physical health. In some cases, obtaining this letter from a doctor who specializes in cognition or mental health, such as a neurologist or psychiatrist, might be a good idea.
The standard for competency to stand trial is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding?and whether he has a rational as well as factual understanding of the proceedings against him.
(1) The court must initiate mental competency proceedings if the judge has a reasonable doubt, based on substantial evidence, about the defendant's competence to stand trial. (2) The opinion of counsel, without a statement of specific reasons supporting that opinion, does not constitute substantial evidence.
A defendant is considered mentally competent to stand trial if he/she can: understand the nature and purpose of the criminal process and the proceedings against him/her, assist his/her attorney in presenting a defense, and. understand his/her own status in the criminal prosecution process.
The judge must decide competency before trial or as soon as reasonably possible after it comes into question. The prosecution, defense counsel, and even the court can raise the issue at any time. Competency usually comes into doubt when the defendant's behavior indicates a lack of understanding.
The Due Process in Competence Determinations Act (DPCDA), particularly Prob. C § 810-813, sets the standards for determining whether a person has the capacity to enter into a contract.
