If a individual’s capacity is in question, APS may have the adult evaluated by a physician who will determine and document whether the adult has the ability to make their own decisions. The process to “declare” someone incapacitated requires court action. If the physician determines that the adult can no longer make decisions and manage on their own, the case will be referred for the petitioning of a Guardian/Conservator. The Judge will use the physician’s evaluation to make their decision and may appoint the Public/Private Fiduciary or other person(s) able and willing to serve. However, if the physician’s statement indicates that the adult can make their own decisions, the adult cannot be declared incompetent (at that time).