What additional consent is needed for a determination of capacity?

For a determination of capacity, obtaining the consent of two physicians is critical because the evaluation requires a professional assessment of the individual's mental and cognitive functioning. This is important in legal contexts, such as guardianship, where the individual's ability to make informed decisions is being scrutinized. The involvement of two physicians helps ensure that the assessment is thorough, unbiased, and reflects a consensus on the individual's capacity, thus providing a more robust foundation for any subsequent legal proceedings related to guardianship.

This dual-consultation approach minimizes the risk of misjudgments based on a single evaluation and aims to establish a reliable standard for determining whether the individual can understand the consequences of their decisions. In guardianship cases, having two independent evaluations reinforces the credibility of the determination of capacity, which is essential for protecting the rights and interests of individuals who may not be able to advocate for themselves.