Should You Consider Obtaining a Letter of Competency?

Imagine a scenario where an estranged family member, perhaps a son-in-law you’ve never fully trusted, or an ex-spouse who continues to cause trouble years after your divorce, decides to challenge your will, trust, or other important legal documents. Or maybe it’s a son whose poor decisions have led you to make difficult choices regarding his inheritance. In such cases, you might want to think about obtaining a letter of competency.

Why is this important? Many legal challenges to wills and other documents are based on claims that the person who created them was not of sound mind at the time. A letter of competency can serve as strong evidence that you were mentally capable of making informed decisions when your documents were drafted, helping to prevent or defeat such challenges.

A letter of competency is usually provided by a primary care physician who has a good understanding of your mental and physical health. In certain situations, it may be beneficial to obtain this letter from a specialist in mental health or cognition, such as a neurologist or psychiatrist, to add an extra layer of credibility.
Here’s what a letter of competency should generally include:

• Patient’s Name and Date of Birth
• Date the Doctor-Patient Relationship Began
• Doctor’s Statement on the Patient’s Mental Capacity: This should confirm your ability to make independent decisions about your finances, legal matters, and healthcare.
• Relevant Medical Diagnoses: If applicable, the letter should include any diagnoses that could affect mental capacity.
• Dates of Relevant Diagnoses
• Doctor’s Contact Information

While this is the basic information typically included, it’s a good idea to consult with an attorney to see if additional details or supporting evidence should be added to strengthen the document further.

Once you have the letter of competency, store it securely along with your will, trust, powers of attorney, and other important documents. It’s also advisable to have your doctor keep a copy in your medical records, and ensure that your attorney has all these documents readily available.

Although it might seem unnecessary or even uncomfortable to obtain proof of your mental capacity when creating or updating your legal documents, the peace of mind it offers is invaluable. The small effort involved in securing a letter of competency could save your loved ones from costly legal battles and emotional distress down the road.