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During legal proceedings, incapacity usually refers to an individuals ability to comprehend the nature and consequences of those proceedings. Capacity is also used in determining whether someone is sufficiently competent to enter into a binding legal agreement.
Whereas incompetent is used in medical situations, incapacity is used only in legal matters. For someone to be deemed legally incapacitated, a judge must conduct a hearing in which evidence, medical and otherwise, is presented, and the judge determines whether or not the evidence proves incapacitation.
The Office of Medical Services (MED) issues a Certificate of Incapacity when a dependent is physically or mentally disabled and unable to be self-supporting and his/her sponsor must continue health insurance coverage.
Physicians Letterhead Here Jane Doe (DOB 00/00/00) has been a patient under the care of this medical practice since 19**. Medical records indicate that when she signed her Power of Attorney, she had mental capacity to do so. Ms. Doe was diagnosed in (month, year) with cognitive impairment.
When it comes to a letter of capacity, letter of incapacitation, or medical incapacity letter, these are all different ways to say the same thing. A letter of capacity and a letter of competency are both drawn up and signed by a licensed physician to be presented in court to establish guardianship or conservatorship.
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