Who can determine capacity?

• A. Any professional (not determined by the court)
• B. Only a physician
• C. Only a judge
• D. Only a psychiatrist

Answer: (A)

Capacity is a clinical, decision-specific judgment about whether a person can understand information, appreciate consequences, reason about options, and communicate a choice. Because it hinges on the individual’s abilities in the current situation, a qualified professional involved in the person’s care can assess it—not just one single role.

A physician, but also other trained professionals such as a psychologist, psychiatrist, or other licensed clinician, can determine capacity when they have the relevant knowledge and context. The court’s role isn’t to routinely decide capacity; it becomes involved only if there’s a dispute or a guardianship/conservatorship proceeding, at which point a judge may make determinations or appointments based on the medical assessments presented. Since capacity can be specific to the decision and can fluctuate with illness, treatment, or impairment, it’s evaluated clinically and documented by the care team.