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Capacity (Competence) and Incapacity Clinical incapacity. Legal incapacity.
It is always a court that makes the ultimate determination of capacity. Generally, the court will request medical opinions from experts who have examined the individual. In situations where there is no challenge to an incapacity determination, the court can rely solely on the medical records.
Friday, November 18th, 2022. Incapacity means the inability to make reasoned decisions regarding one's financial and personal affairs.
A doctor can declare someone incompetent, and the legal implications of such a declaration can affect your entire life. Being declared incompetent by a doctor does not mean that you lose all ability to make decisions for yourself, but it does mean that you are in danger.
(c) The documentation of incapacitation provided by the legally qualified health professional shall include: (1) A statement that the parent is incapacitated and that the parent is incapable of providing care or supervision for the child for part of the day; (2) The days and hours per week that services are recommended ...