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Does the presence of MOLST eliminate the need for hospitals to establish clear and convincing evidence of the incapacitated patients wishes for end of life treatments?

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Does the presence of MOLST eliminate the need for hospitals to establish clear and convincing evidence of the incapacitated patients wishes for end of life treatments?

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If the MOLST is completed after the person loses capacity, the Adult Supplemental Form must be completed. For incapacitated patients, ‘clear and convincing evidence’, as defined by New York State case law, should be established. Ideally, once established capacity assessment and clear and convincing evidence should be documented in the medical record and should travel with the patient.

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