Legal Definitions - incapacity

Incapacity is a term used in different legal areas to describe a person's inability to perform certain functions. It can refer to:

• A lack of physical or mental ability that prevents a person from managing their own personal care, property, or finances.
• A lack of understanding of one's actions when making a legal document like a will.
• The inability of an injured worker to perform their job, which may qualify them for disability benefits or workers' compensation.
• The inability to work, attend school, or perform regular daily activities due to a serious health condition, treatment, or recovery under the Family Medical Leave Act (FMLA).

For example, if someone has a severe mental illness that prevents them from making sound decisions about their finances, they may be deemed to have an incapacity to manage their own property. Similarly, if an injured worker cannot perform their job due to their injury, they may be considered incapacitated and eligible for disability benefits.