Question

Who may determine capacity for the purpose of the substitute decisions act

a. a trained capacity assessor
b. any MD or social worker
c. the pts SDM
d. the office of the public guardian and trustee

Answer 1

Capacity under the Substitute Decisions Act is typically determined by a trained capacity assessor option (a), not by MDs, social workers, the patient's Substitute Decision Maker, or the Office of the Public Guardian and Trustee.

Step-by-step explanation:

Under the Substitute Decisions Act, capacity may be determined by a trained capacity assessor. While any medical doctor (MD) or social worker may have opinions on a person's capacity, formal assessments are often conducted by professionals who have specific training and are recognized by the legal framework to make such determinations. The patient's Substitute Decision Maker (SDM) may have input or make decisions on behalf of the patient once incapacity has been established but is not typically qualified to assess capacity themselves. The Office of the Public Guardian and Trustee may become involved in cases where there is no appropriate SDM available or in cases of dispute but do not usually conduct initial capacity assessments.