SAMPLE PHYSICIAN’S AFFIDAVIT (Brain Injury)
NOTE: This affidavit will be used in a legal proceeding to appoint a guardian for the patient
named below. The information it contains must be based on your personal examination of the
patient. Thank you for your concern and cooperation.
IS THIS AN EMERGENCY GUARDIANSHIP PETITION? If an emergency appointment
of guardian is needed, please complete page three (3) of this form in addition to pages 1 and 2.
PAT IENT’S NAME: John Smith
ADDR ESS: 10000 Delaware Avenue, Georgetown, DE 19947
DATE OF BIRTH: February 21, 2001
Dr. James Montgomery located at: Sussex Memorial Hospital, 10 Beech Nut Ave., Milford, DE
(Physician’s name) (Address)
(302)424 -4242
(Telephone number)
I am duly licensed and accredited in the following areas o f medical practice:
Delaware and Maryland
Internal Medicine
The history of my involvement with this patient is the following:
Attending physician at the F acility
Primary Care Physician /Provider
Primary Doctor from since 2005
Pt. established care with our practice 2005
Diagnosis: (Severe) Anoxic Brain Injury – Traumatic Brain Injury - Encephalopathy
I personally e xamined this patient on: January 21 , 20 19 .
The examination lasted approximate ly __________ 30:00 minutes _
(Time)
Relevant test s and results:
Computerized tomography (CT). A CT (or "cat") Magnetic resonance imaging (MRI), Reviewed
Labs, and Physical Examination, reviewed medical records , Mini Mental Exam (MMSE)
Does the patient have difficulty communicating? If so, describe the difficulty in detail, and
provide the cause of the patient’s difficulty with communication:
Non -Verbal, does not follow or comprehend commands
Based on tests and my examination of this patient, it is my professional opinion that she/he:
does not have
does have
a disability that significantly interferes with the ability to make r esponsible decisions
regarding health care, food , clothing , shelter, or finances.
(Optional) The following documents are attached as supporting
information regarding the particulars of the disability :
__________________________________________________________________________
If the patient has a cognitive disability, describe that disability:
Severe Anoxic Br ain Injury, Non -Verbal Communication, Impaired cognition, convulsions,
seizures , Severe Encephalopathy
____________________________________________ _____________________________
The cognitive disability impairs the patient’s ability to perform the following functions:
Patient needs assistance with daily living activities (ADLs), including bathing, clothing, feeding,
medications, financial decisions
_____________________________________________ ______________________________
In my opinion, the patient
does have
does not have
sufficient mental capacity to understand the nature of guardianship in order to consent to
the appointment of a guardian.
I solemnly swear and affirm under the penalties of perjury and upon personal knowledge
that the contents of this affidavit are true.
_____________________________ ___________________________
Date Physician’s Signature
____________________________
Printed Name
SWORN TO AND SUBSCRIBED before me this _______day of ___________ 20__.
____________________________
Notary Public
SAMPLE PHYSICIAN’S AFFIDAVIT (Dementia)
NOTE: This affidavit will be used in a legal proceeding to ap point a guardian for the patient
named below. The information it contains must be based on your personal examination of the
patient. Thank you for your concern and cooperation.
IS THIS AN EMERGENCY GUARDIANSHIP PETITION? If an emergency appointment
of guardian is needed, please complete page three (3) of this form in addition to pages 1 and 2.
PAT IENT’S NAME: Luke Spencer
ADDR ESS: 500 N. 100 th Street, Wilmington, DE 19801
DATE OF BIRTH: May 15, 1935
Dr. Roman Brady located at: 499 O ogleston Stanton Road, Newark, DE 19713
(Physician’s name) (Address)
302 -999 -9999 _
(Telephone number)
I am duly licensed and accredited in the following areas of medical practice:
Delaware and Texas - Internal Medicine – Family Medicine
The history of my involvement with this patient is the following:
I am attending physician – Primary Care Physician
Diagnosis: Alzheimer - Dementia ( Note one of these: Mild, Moderate or Severe)
I personally e xamined this patient o: January 21 , 20 19 .
The examination lasted approximatel y ___________ 20:00 (two times)
(Time)
Relevant tests and results:
Physical Examination, reviewed labs, C T Scan (Head)
Mini Mental Exam - MMSE10/30(scored)
(The maximum MMSE score is 30 points . A score of 20 to 24 suggests mild dementia, 13 to 20
suggests moderate dementia, and less than 12 indicates severe dementia. On average, the MMSE
score of a person with Alzheimer's declines about two to four points each year. )
Does the patient have difficulty communicating? If so, describe the difficulty in detail, and
provide the cause of the patient’s difficulty with communication:
Aphasia - Difficulty speaking, trouble understanding speech, difficulty with word recall and
problems with reading or writing Patient suffers from preservations and expressive aphasia
due to his Dementia
Based on tests and my examination of this patient, it is my professional opinion that she/he:
does not have
does have
a disability that significantly interferes with the ability to make r esponsible decisions
regarding health care, food, clothing, shelter, or finances.
(Optional) The following documents are attached as supporting
information regarding the particulars of the disability:
Mini Mental Exam (MMSE)
If the patient has a cognitive disability, describe that disability:
Alzheimer’s Dementia Disease –Visual Varient – Severe
End stages of Demen tia
Patient has difficulty remembering who people are and he has hallucinations and delusions
The cognitive disability impairs the patient’s ability to perform the following functions:
Needs a id with activities of daily living, such as clothing, feeding, bathing ,
getting dressed, preparing meals, cannot handle own finances, unable to drive
______ _____________________________________________________________________
In my opinion, the patient
does have
does not have
sufficient mental capacity to understand the nature of guardianship in order to consent to
the appointment of a guardian.
I solemnly swear and affirm under the penalties of perjury and upon personal knowledge
that the contents of this affidavit are true.
_____________________________ ___________________________
Date Physician’s Signature
____________________________
Printed Name
SWORN TO AND SUBSCRIBED before me this _______day of ___________ 20__.
____________________________
Notary Public
SAMPLE PHYSICIAN’S AFFIDAVIT (Autism)
NOTE: This affidavit will be used in a legal proceeding to appoint a guardian for the patient
named below. The information it contains must be based on your personal examination of the
patient. Thank you for your concern and cooperation.
IS THIS AN EMERGENCY GUARDIANSHIP PETITION? If an emergency appointment
of guardian is needed, please complete page three (3) of this form in addition to pages 1 and 2.
PAT IENT’S NAME: Suzy Ann Jones
ADDRESS: 88888 Berry Lane, Milford, DE 19963
DAT E OF BIRTH: 03/03/95
Dr. Chase Newman located at: 1000 My Little Pony Road, Milford, DE 19963
(Physician’s name) (Address)
(302) 898 -9999
(Telephone number)
I am duly licensed and accredited in the following areas of medical practice:
Pediatric
Internal Medicine
Licensed in Delaware and Maryland
The history of my involvement with this patient is the following:
Primary Care Physician since 2000
Diagnosis: Autism Spectrum Disorder with Cognitive Developmental Delay
Autism Spectrum Disorder (ASD) (Mild, Moderate or Severe)
Global Delay / Spastic Quadriplegic
Cerebral Palsy
Patient has issues with communication, social, verbal, and motor skills.
I personally examined this patient on 02/22/2019
The examination lasted approximatel y ___________ 30:00 minutes
(Time)
Relevant tests and results: MRI, CT Scan, Reviewed Labs,
Does the patient have difficulty communicating? If so, describe the difficulty in detail, and
provide the cause of the patient’s difficulty with communication:
Speech Defect , Reasoning, J udgment , Minimal Speech , Speech is 1 -2 words
Based on tests and my examination of this patient, it is my professional opinion that she/he:
does not have
does have
A disability that significantly interferes with the ability to make r esponsible decisions
regarding health care, food, clothing, shelter, or finances.
(Option al) The following documents are attached as supporting
information regarding the particulars of the disability:
IEP Records from Sussex Consortium
If the patient has a cognitive disa bility, describe that disability:
Severe Autism, Intellectual Aggressive Behavior, self -injury, Global Developmental Delay
Severe Intellectual Disability, Non -Verbal, Intractable Seizure Disorder
Angelman Syndrome
__________________________________________________________________________
The cognitive disability impairs the patient’s ability to perform the following functions: unable
to manage his medical condition, medications or finances. He needs assistance with daily living,
bathing, feeding, and clothing .
Patient require s maximum assistance wi th all ADL’s and total care
____________________________________________________ _______________________
In my opinion, the patient
does have
does not have
sufficient mental capacity to understand the nature of guardianship in order to consent to
the appointment of a guardian.
I solemnly swear and affirm under the penalties of perjury and upon personal knowledge
that the contents of this affidavit are true.
_____________________________ ___________________________
Date Physician’s Signature
____________________________
Printed Name
SWORN TO AND SUBSCRIBED before me this _______day of ___________ 20__.
____________________________
Notary Public
SAMPLE PHYSICIAN’S AFFIDAVIT (Schizo affective and Bi -Polar Disorder)
NOTE: This affidavit will be used in a legal proceeding to appoint a guardian for the patient
named below. The information it contains must be based on your personal examination of the
patient. Thank you for your concern and cooperation.
IS THIS AN EMERGENCY GUARDIANSHIP PETITION? If an emergency appointment
of guardian is needed, please complete page three (3) of this form in addition to pages 1 and 2.
PAT IENT’S NAME: Erika Boulevard
ADD RESS: 10910 New England Street, Smyrna, DE 19977
DATE OF BIRTH: 10/10/90
Dr. Rick Bau er located at: St. James Facility, 1976 Liberty Lane, Dover, DE 19901
(Physician’s name) (Address)
(302)743 -0002
(Telephone number)
I am duly licensed and accredited in the following areas of medical practice:
Psychiatry
____________________________________________________________________________
The history of my involvement with this patient is the following:
Inpatient Psychiatrist
____________________________________________________________________________
____________ ________________________________________________________________
____________________________________________________________________________
Diagnosis: Schizoaffective Disorder, Bi -Polar Type, Depressed – Severe ]
(Mild, Moderate, Severe)
I personally e xa mined this patient on 11/06/2018 .
The examination lasted approximatel y __________15 -20 minutes
(Time)
Relevant tests and results:
EKG, Blood Test, Urine Analysis
Patient is Psychiatric, Paranoid Refuses Medication
Does the patient have difficulty communicating? If so, describe the difficulty in detail, and
provide the cause of the patient’s difficulty with communication:
Patient lacks reasoning
Based on tests and my examination of this patient, it is my professional opinion that she/he:
does not have
does have
a disability that significantly interferes with the ability to make r esponsible decisions
regarding health care, food, clothing, shelter, or finances.
(Optional) The following documents are attached as supporting
information regarding the particulars of the disability:
__________________________________________________________ ________________
If the patient has a cognitive disability, describe that disability:
Chronic Psychosis Auditing Hallucinations and Paranoia
__________________________________________________________________________
__________________________________________________________________________
The cognitive disability impairs the patient’s ability to perform the following functions:
Needs help with all ADL’s and Manage Medication
In my opinion, the patient
does have
does not have
sufficient mental capacity to understand the nature of guardianship in order to consent to
the appointment of a guardian.
I solemnly swear and affirm under the penalties of perjury and upon personal knowledge
that the contents of this affidavit are true.
_____________________________ ___________________________
Date Physician’s Signature
____________________________
Printed Name
SWORN TO AND SUBSCRIBED before me this _______day of ___________ 20__.
____________________________
Notary Public