Virginia Certificate of Physician as to Competency of an Individual

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Multi-State
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US-02551BG
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Description

Incompetency is a term that has varied meanings in law.

• When it is used to describe the mental condition of a person subject to legal proceedings, it means the person is neither able to understand the nature and consequences of the proceedings nor able to help an attorney with his/her defense. A person who is diagnosed as being mentally ill, mentally retarded, senile, or suffering from some other illness that prevents him/her from managing his/her own affairs may be declared mentally incompetent by a court of law.

• When it is used to describe the legal qualification of a person, it means the person does not have the legal capacity to enter into a contract. A person who agrees to a transaction should possess complete legal capacity to become liable for duties under the contract.

• When it is used to describe a professional duty or obligation, it means that the person has failed to meet the duties required of that profession.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

"Incapable of making an informed decision" means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs judgment, to make an informed decision about providing, continuing, withholding or withdrawing a ...

A single physician may, at any time, upon personal evaluation, determine that a patient who has previously been determined to be incapable of making an informed decision is now capable of making an informed decision, provided such determination is set forth in writing.

§ 54.1-2983. Procedure for making advance directive; notice to physician. Any adult capable of making an informed decision may, at any time, make a written advance directive to address any or all forms of health care in the event the declarant is later determined to be incapable of making an informed decision.

"Qualified patient" means a patient who has made an advance directive in ance with this article and either (i) has been diagnosed and certified in writing by the attending physician and a second physician or licensed clinical psychologist after personal examination to be incapable of making an informed decision ...

§ 54.1-2990. Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person's health care decision; mercy killing or euthanasia prohibited.

§ 54.1-2986. Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions.

An adult may use a legal document called an advance directive to appoint someone (an ?agent?) to make health care decisions when he or she is not able to do so. The advance directive may also give health care instructions. An advance directive helps doctors and family members know and respect the person's wishes.

"Practice of athletic training" means the prevention, recognition, evaluation, and treatment of injuries or conditions related to athletic or recreational activity that requires physical skill and utilizes strength, power, endurance, speed, flexibility, range of motion or agility or a substantially similar injury or ...

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Virginia Certificate of Physician as to Competency of an Individual