Doctor's Certificate of Incapacity

A Doctor's Certificate of Incapacity is a document used by an attending physician to declare that a patient is disabled, incapacitated or incompetent. This document is used to make this declaration according to Texas Estates Code, Section 751.00201 and/or Texas Health and Safety Code Section 166.002(8).

The attending physician may certify the Patient, by reason of advanced age, physical incapacity, or mental weakness, lacks the mental capacity to enter into a binding agreement or make legal decisions on the Patientís own behalf.

The attending physician may also certify the Patient is unable to make a rational evaluation of the burdens, risks, and benefits of medical treatment or the course of medical treatment recommended to the patient, and is incapable of making or communicating an informed decision about the provisions, withholding, or withdrawing of medical treatment recommended to the Patient.

The Doctor's Certificate of Incapacity document needs to be signed by a physician.