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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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If a person is under the influence of narcotics, say within a hospital setting, are they c

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If a person is under the influence of narcotics, say within a hospital setting, are they considered incapacated legally of informed consent? How much, dosage wise, can you be on, if any, and be, say, driving a car?

JB Umphrey :

Thank you for using JustAnswer!

There is no bright line test.

JB Umphrey :

A doctor would have to make the assessment / determination if a person is legally incapacitated. Everyone responds differently to narcotics.

JB Umphrey :

As for driving a car, the test is not about dosage.

JB Umphrey :

The test is whether or not the substance impairs your ability to safely operate the car.

JB Umphrey :

Is there anything else that I can assist with?

Customer:

So if a person was to sign legal papers while under the influence of Morphine say, and someone came back later and questioned the legality of the document due to the use of Morphine, there would be no question?

JB Umphrey :

There can be a question, for certain.

JB Umphrey :

The question can be further explored by reviewing the medical records, particularly the nurse's notes.

JB Umphrey :

Now, certain types of legal documents, you should not have to go that far because certain legal documents require there to be witnesses.

Customer:

So while in the case of alcohol there is black and white, with narcotics it is totally gray

JB Umphrey :

And one of the purposes of having a witness is to serve as an assurance that the person was of sound mind, at the time, to sign such a document.

JB Umphrey :

I don't believe that it's far to compare driving an auto while under the influence vs. being under the influence and signing a document.

JB Umphrey :

Sorry, I meant to say "fair".

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