Capacity is determined by a physician, often (although not exclusively) by a psychiatrist, and not the judiciary. The term capacity is frequently mistaken for competency. 10 Hence, it is not surprising that many individuals who are deemed incompetent to make treatment decisions are not subjected to an adjudication of incompetency. The delays involved in arranging for and undergoing a formal court proceeding can add substantially to the cost of care of a hospitalized patient and may incur risks to the patient's health. The cumbersome and potentially expensive efforts to undergo a legal proceeding are often prohibitive.
![serious delirious dev dd serious delirious dev dd](https://dg31sz3gwrwan.cloudfront.net/screen/6468485/1_iphone.jpg)
8, 9 In such cases, individuals who are in persistent vegetative states, severely demented, severely mentally retarded, or actively psychotic would be considered incompetent generally, i.e., incapable of any rational decision making while suffering from the prevailing impairment. However, there are statutes that allow for the determination of general incompetency. Whenever possible, efforts are made to adjudicate incompetence in this manner. For example, one can be determined to be incompetent to execute a will, but may be deemed competent to make treatment decisions. To ensure that individuals retain as much autonomy or self-determination as is legally possible, the court makes a determination of one's competence in a task-specific manner.
![serious delirious dev dd serious delirious dev dd](https://i.ytimg.com/vi/x46m5k63wrA/hqdefault.jpg)
The standard of proof required for judicial finding of incompetency is that of “clear and convincing evidence.” 6 This standard of proof, based on evidence presented by licensed health care practitioners and others, is set at a standard between the high level of proof required for criminal convictions, i.e., “beyond a reasonable doubt,” and the lowest standard of “preponderance of the evidence.” 7 An individual is presumed to be competent unless demonstrated to be otherwise. 4, 5īecause an adjudication of incompetency effectively denies an individual autonomy to make decisions, such court cases become labor intensive. After determining that the de jure incompetent cannot make prudent decisions in his or her own best interest, the court will assign a guardian to make decisions on the person's behalf. An individual adjudicated by the court as incompetent is referred to as de jure incompetent. 3 The determination of incompetence is a judicial decision, i.e., decided by the court. Simply put, competency refers to the mental ability and cognitive capabilities required to execute a legally recognized act rationally. The definition, therefore, must be clarified depending on the issue in question. 2(p257) Unfortunately, this definition is a broad concept encompassing many legally recognized activities, such as the ability to enter into a contract, to prepare a will, to stand trial, to make medical decisions, and so on.
![serious delirious dev dd serious delirious dev dd](https://m.media-amazon.com/images/I/51GElToIaUL._CLa|515,500|41QerVQqoaS.jpg)
An individual determined to be incompetent can no longer exercise the right to accept or refuse treatment.Ĭompetency is a legal term referring to individuals “having sufficient ability… possessing the requisite natural or legal qualifications” to engage in a given endeavor.
![serious delirious dev dd serious delirious dev dd](https://im.jdmagicbox.com/comp/jd_social/news/2019apr09/image-1554804143633806-249nizo9sa.jpg)
However, concerns naturally arise when an individual is deemed to be incompetent, specifically, to protect the patient from the consequences of imprudent decision making. It is expected that when one freely accepts or refuses treatment, he or she is competent to do so, and is, therefore, accountable for the choices made. 1 An extension of self-determination includes the right to exercise control over one's body, for example, the right to accept or refuse medical treatment. A corollary to the basic foundation established by the Bill of Rights is the common-law principle of self-determination that guarantees the individual's right to privacy and protection against the actions of others that may threaten bodily integrity. Constitution, known as the Bill of Rights, were outlined to protect citizens from infringement on their basic freedoms, e.g., freedom of speech, the press, religion.