Probate and Family Court Rules

Standing order

Probate and Family Court Rules Probate and Family Court Standing Order 2-10: Medical Certificate Affidavit

Courts: Probate and Family Court
Effective Date: 11/16/2010

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Standing order 2-10

A court-promulgated Medical Certificate Affidavit (MPC 403) (Medical Certificate Affidavit) may be used prior to a determination of incapacity or disability, or, in limited circumstances at a hearing for a final determination of incapacity or disability for a person who has been and continues to be medically stable as indicated on the most recently filed Medical Certificate Guardian or Conservatorship (MPC 400) (Medical Certificate), particularly Part I, A, B & C. A Medical Certificate Affidavit may be used at the time of a final determination of incapacity or disability in the limited circumstances where counsel for the Incapacitated or Protected Person has been appointed and does not object to its use. A Medical Certificate Affidavit shall be completed by a registered physician, a licensed psychologist, a certified psychiatric nurse clinical specialist or a nurse practitioner and must be dated and the examination must have taken place within thirty (30) days prior to the entry of each decree, temporary or permanent. This Standing Order does not preclude the Court from requiring additional medical information, including a Medical Certificate, as the case requires.

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