Incapacity
From LawDepot Law Library
Definition of "Incapacity"
Incapacity means that a person is unable to understand information relevant to making a decision about the management of property, or is unable to understand and appreciate the foreseeable consequences of making (or not making) a decision about the management of property.
If a principal/donor is incapacitated, he or she cannot create a valid Power of Attorney, Health Care Directive or Last Will and Testament. Someone who is incapacitated cannot be appointed as an attorney-in-fact or a health care representative. Also referred to as mental incapacity.
