This is a frequent question we receive. It really depends on what you are trying to accomplish, what state the person is located within, where the property is located, how is it titled, etc.
Generally legal incapacity requires a Court Order which means a mental health file was opened suggesting the person lacks the required capacity to handle one of more of their rights. During this process the Court will determine, with the help of certain professionals (hopefully), to what extent this person should have their rights removed. At the end of that case if the person has been determined to lack capacity there is normally an appointment of a Guardian or Conservator (depending on the state).
However, for medical purposes a signed statement from two doctors can work.
For property that is owned by a trust one would want to reference how the trust determines incapacity. Often trust will require a court finding; while other trust agreements will only require a showing that the trustee would not submit to testing. These are really case by case situations.
When property is held in a bank or investment account one can often attempt to get the account frozen by showing a statement from a physician stating the person lacks capacity; however, for reasons beyond this post that is not the preferred means of dealing with the situation.
I hope that this answered your question.
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