Content Overview 
- Overview
- The Catholic Church's Position On Advance Health Care Directives
- Where Can I Find Free Advance Directive Forms?
- Why Do I Need A Living Will and/or A Health Care Proxy?
- Why Do I Need A Healthcare Power of Attorney If I Have A Living Will?
- Why Do I Need A Do Not Resuscitate Directive (DNR) If I Have A Living Will And/Or A Health Care Power Of Attorney?
- What If I Move Or Receive Treatment In Another State?
- How To Choose A Doctor Who Will Comply With Your Wishes
- What If My Healthcare Proxy's Decision Conflicts With The Instructions In My Living Will?
- How Long Do Advance Directives Stay In Effect?
- How To Choose A Hospital Or Other Health Care FacilityThat Respects Your Wishes
- How To Talk With Family About Your Wishes About What To Do If You Become Incapacitated And Can't Speak For Yourself
- Who Should I Give Copies Of My Healthcare Power Of Attorney, Living Will and Do Not Resuscitate Order?
- How Often Should I Revisit My Advance Directives?
- How To Revoke Or Amend A Living Will, Healthcare Power Of Attorney Or DNR (Advance Directives)
- How Is Incapacity Determined?
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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