The letter of incapacitation should be completed by an individual who is responsible for the well-being of the person who is incapacitated. The specific individual who should complete it depends on the circumstances and the relationship between the parties involved.
1. Healthcare Professional: If the incapacitated person is under the care of a healthcare professional, such as a doctor or nurse, they may be the appropriate person to complete the letter of incapacitation. They can provide a professional evaluation of the person's condition and certify their inability to act on their own behalf.
2. Legal Guardian: If the incapacitated person has a legal guardian appointed, the guardian would be the appropriate person to complete the letter. A legal guardian is typically responsible for making decisions on behalf of the incapacitated person, so they would possess the necessary knowledge and authority to complete the letter.
3. Family Member: In the absence of a legal guardian or formal healthcare provider, a close family member who has been actively involved in the care and management of the incapacitated person's affairs may complete the letter of incapacitation. This could be a spouse, adult child, sibling, or another trusted family member who understands the person's incapacity and is willing to take on the responsibility.
4. Attorney: In some cases, an attorney may be involved in representing the incapacitated person's interests. If the attorney has been appointed as the legal representative or power of attorney for the person, they may be the appropriate person to complete the letter of incapacitation.
5. Social Worker or Caregiver: If the incapacitated person is in a care facility or is being assisted by a social worker or caregiver, they may have firsthand knowledge of the person's condition and limitations. They may be required to complete the letter of incapacitation to provide updated and accurate information about the person's incapacity.
It is worth noting that the appropriate person to complete the letter of incapacitation may vary depending on the jurisdiction and the specific legal requirements in place. It is advisable to consult with legal professionals or relevant authorities to determine the most suitable person to complete the letter.