Legal Definitions - legally incapacitated person

A legally incapacitated person is someone who is unable to make responsible personal decisions or enter into contracts due to a temporary or permanent impairment. This impairment can be caused by mental illness, mental deficiency, physical illness or disability, or alcohol or drug use.

Examples of legally incapacitated persons include:

• An elderly person with dementia who cannot understand or communicate decisions about their finances or healthcare.
• A person with a severe mental illness who is unable to make decisions about their treatment or living situation.
• A person with a physical disability that prevents them from signing legal documents or making decisions about their care.
• A person under the influence of drugs or alcohol who is unable to make rational decisions.

These examples illustrate how a person's impairment can affect their ability to make responsible decisions and enter into contracts. In these situations, a legal guardian or conservator may be appointed to make decisions on behalf of the incapacitated person.