Legal
Evaluation for Competency
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When faced with the belief that your family member or ward with brain injury is not capable, due to mentally limitations, physically limitations or both, of managing their daily life, what do you do? You to turn to the experts who can evaluate the person for competency and can provide guidance as to the appropriate care or actions necessary to provide for their present and future care.
There are two types of evaluations that may be appropriate to obtain in circumstances where competency is in question: medical evaluation and legal evaluation.
Medical Evaluation
Medical evaluation may be used to determine whether the person with brain injury, in a physician’s opinion, is suffering under a disability that renders him/her unable or incapable of caring for himself/herself and making decisions for his/her own care on a day-to-day basis. The obvious physicians to initially approach are the person’s treating physicians. Those physicians will have interacted with the person with brain injury and may be willing to offer an opinion regarding competency issues.
The treating physicians may also suggest an evaluation by another physician or specialist, such as a neuro-psychologist or psychologist, to specifically evaluate the person with brain injury for competency. This often occurs in circumstances where competency is borderline or questionable. An evaluation specifically for competency may include interviews with family members and caregivers, a variety of testing for the person with brain injury, interviews with the person, and a review of medical records. An independent medical opinion may then be rendered by the evaluator.
Legal Evaluation
Legal evaluation may be appropriate to determine whether the person’s circumstances and needs are best served by seeking appointment of a guardian. While it is possible to obtain a guardianship through the Probate Court of Georgia without hiring an attorney, the process does go through the court system, requires appearance in court, and compliance with court rules. Further, the relationship that results from the appointment of a guardian creates legal obligations and rights between the guardian and their ward; therefore, it is important to consider all the options and their related consequences.
National Academy of Elder Law Attorneys (NAELA) 520 881-4005
Most NAELA members are also well-qualified to advise families with respect to non-elder issues. NAELA has an “experience directory” which shows which member attorneys have expertise in specific areas.
American Law Sources On-Line (ALSO) – State Bar members for all 50 states can be found under United States:(select desired State):Other Resources: Bar Association: Directory. Site also includes current and proposed state laws, contact information for many State government officials, etc.