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CAbj2013 Asked January 2014
What is the best process for determining "incapacitated" by physicians for purposes of Health Care Directive?
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Friend has early onset Alzheimer's, recently moved to another state, and needs to update the Health Care Directive (HCD). The previous HCD was done over ten years ago, prior to current diagnosis.
Only in the "deemed incapacitated" situation will the POA for health care take effect.
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pamstegma Jan 2014
It usually takes two doctors to agree the patient is incapacitated, usually the primary physician and a neurologist/psychiatrist. This should be done in writing and the POA should carry a copy. The other option is a court-ordered guardianship. I carry a copy of the court order with me.
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