Assessing Capacity to Execute a Health Care Proxy: A Rationale and Protocol
Martin Lyden, Ph.D.

This article discusses the concept of capacity, various relevant mandates, and a rationale for the assessment of capacity to execute a health care proxy. Some specific New York State regulations, pertaining to the execution of a health care proxy by persons who have intellectual disabilities, are presented and contrasted with regulations in some other jurisdictions. A standard that psychologists and physicians may use in assessing the capacity of a person with cognitive impairments to execute a health care proxy is reviewed. Additionally a protocol for assessing capacity to execute a simple health care proxy is in the appendix.