Legal Definitions - incapacitated person

An incapacitated person is someone who is unable to make personal decisions due to impairment caused by an intoxicant, mental illness or deficiency, or physical illness or disability.

• A person who is heavily intoxicated and unable to make rational decisions.
• Someone with severe dementia who cannot remember important information or make decisions for themselves.
• A person with a physical disability that prevents them from communicating their wishes effectively.

These examples illustrate how an incapacitated person is unable to make personal decisions due to their impairment. In each case, the person's ability to make decisions is compromised, either by their physical or mental state. This can be a difficult situation for both the incapacitated person and those around them, as important decisions may need to be made on their behalf.