Legal Definitions - incapacitated

The term incapacitated refers to a person's inability to manage their own affairs due to physical or mental limitations. This can be a consideration in various areas of the law, such as wills and estates.

• If a person creates a will while they are mentally incapacitated, the will may be found void.
• In California, there is a presumption of sound mind when a will is executed, so the party asserting testamentary incapacity must present substantial evidence to prove otherwise.
• Indiana courts may appoint a guardian for an incapacitated person if it is necessary to provide care and supervision of their physical person or property.
• Statutes of limitations may be tolled for a person incapacitated by injury, allowing them to bring claims after they have recovered.

These examples illustrate how incapacity can affect legal proceedings and decisions, such as the validity of a will or the appointment of a guardian. They also show how the law may provide protections for those who are incapacitated, such as tolling statutes of limitations to allow them to seek justice after they have recovered.