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PAD Stories

"This time, with a PAD, I did not receive any treatments that I did not want. They were very respectful.  I really felt like the hospital took better care of me because I had my PAD. In fact, I think it's the best care that I've ever received.” Click for more...

 
Home arrow FAQs arrow When would I be considered “incapable”?
When would I be considered “incapable”? PDF Print E-mail

Generally, incapacity means that, at a particular time, you lack sufficient understanding or ability to make and communicate mental health treatment decisions. However, the legal definition of incapacity varies from state to state, and some states do not define incapacity. Usually, incapacity is determined by a physician or eligible psychologist, but in some states it must be determined by a judge.

 
Bazelon Center
The National Resource Center on Psychiatric Advance Directives is a collaboration between The Department of Psychiatry and Behavioral Sciences, Duke University Medical Center and the Bazelon Center for Mental Health Law, funded by a grant from the John D. and Catherine T. MacArthur Foundation.
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(C) 2008 National Resource Center on Psychiatric Advance Directives