In general this is a: Two step process. First the doctor must do a capacity evaluation and then a court must agree that the patient is not competent to make the decision in question.
Answered 9/7/2013
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No: Power of attorney maybe given to someone themselves without an attorney being involved(just needs to be notarized). If the individual lacks the capacity to designate a proxy or won't if it is needed there may need to be a court process called a guardianship.
Answered 11/28/2017
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