Rule 102 - Physician's Letters(a) Conservatorship. The petitioner in a proceeding for a conservatorship may submit a physician's letter or report which states: (1) the respondent suffers from an impairment in the ability to receive and evaluate information or to make or communicate decisions (even with the use of appropriate and reasonably available technological assistance), or another physical, mental or health impairment; (2) the medical cause (diagnosis) of said impairment; (3) the prognosis for the impairment; (4) the impact of the impairment upon the respondent's ability to manage the respondent's property and business affairs effectively; (5) how long the physician has been treating the respondent; and (6) any other matter the physician deems relevant. (b) Guardianship. The petitioner in a proceeding for a guardianship may submit a physician's letter or report which states: (1) the respondent is unable to receive and evaluate information or make or communicate decisions to such extent that the respondent lacks the ability to meet essential requirements for physical health, safety, or self-care (even with the use of appropriate and reasonably available technological assistance); (2) a description of the nature, type, and extent of the respondent's impairment; (3) the prognosis for the impairment; and (4) any other matter the physician deems relevant. Amended April 28, 2006, effective 7/1/2006; further amended February 5, 2013, effective 7/1/2013.COMMENTARY:
Doctors are generally reluctant to declare a person "incompetent," but incompetency is not the test for protective proceedings. This rule clarifies that the letter or report of the doctor upon which a petition for conservatorship and guardianship relies must (1) address the respondent's ability to manage the respondent's property and affairs in an effective manner as a result of the respondent's impairment and (2) provide other information to enable the court to evaluate the weight to be given to the letter or report.