It is absolutely INAPPROPRIATE for medical professional to attempt to “Declare” a person incapable of making all health or personal care decisions. Such a broad declaration and the belief that this gives the attorney of personal care all future decision making power is ERRONEOUS!
The law is clear!
The law says that people are presumed to be capable of making health care decisions. The health practitioner who is proposing the treatment makes this determination.
A person may be capable of making a decision about one treatment but not another. A person may be capable of making a decision about a treatment at one time but be incapable of making the same decision at a different time. It all depends on the complexity of the particular treatment and the person’s level of capacity at the time.
Capacity to make personal care decisions is TIME and DECISION specific. Only a judge can completely remove the legal rights of a person to make any of their own decisions about health or personal care in the future.