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Advance Health Care Directives 101

How Is Incapacity Determined?

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Incapacity is generally determined by an attending physician (the doctor taking care of you or a specific health condition.).

The doctor looks to determine whether (with a reasonable degree of medical certainty), the patient has the capacity to make decisions about his or her own medical treatments.

When life sustaining treatments are involved, a second doctor usually has to confirm the opinion.

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