Who determines when I lack the capacity to make health care decisions for myself?

If your capacity is in question, the attending physician must evaluate you. If the attending physician concludes that you lack capacity, he or she must enter that evaluation into your medical record. If the attending physician is not sure if you lack capacity, another physician must evaluate you. If that second physician believes you lack capacity, it shall be noted in your medical record. Once it has been determined by the attending physician that you lack capacity, the facility must notify your surrogate designated to make health care decisions on your behalf.

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