ABSTRACT
Determining capacity for consented treatment begins every patient encounter. While most assessments are unambiguous, emergency department personnel may be lacking in ability to accurately assess mild to moderately intoxicated patients. These assessments are often based on subjective evaluations leading to a high degree of variability among clinicians. The resulting legal and patient care ramifications can be devastating to both patient and provider. Establishing standardized capacity assessments for intoxicated patients will help mitigate poor clinical decisions and legal repercussions.