A judgment about capacity is precisely what clinicians are expected to render.7 Legally, such judgments are not made by physicians but are made by the courts according to the laws of the state in which the patient resides. Local authorities should be consulted for specific legal definitions and procedures.8 Practically, most cases never reach the courts and, when they do, the court's legal “determination of competency” usually agrees with the physician's overall “assessment of capacity.” However, a legal determination of incapacity is generally limited to specified rights, whereas incompetency is (legally) associated with a loss of legal rights.9