Because of intermittent refusal of both dialysis and medications, seri
al capacity assessments were made on a 38-year-old male on hemodialysi
s and receiving TB treatment. His capacity to make an informed treatme
nt decision appeared to fluctuate and despite multidisciplinary involv
ement and a court determination that treatment should take place, ques
tions remained as to how such a case should be managed in the patient'
s best interest. The process of making a capacity determination was re
viewed from both a psychiatric and legal viewpoint and alternative str
ategies presented. (C) 1998 Elsevier Science Inc.