The inability to make decisions on one’s own behalf.
Incapacity in probate is the inability to take care of oneself, one’s possessions, or one’s finances due to a lack of physical or mental abilities. It is the failure to comprehend one’s actions during the creation of legal documents such as wills.
Legal incapacity is a protection for those who are unable to care for or govern themselves due to illness or a coexisting bodily or mental impairment. The sole purpose of this mechanism is to safeguard the person’s interests and personal and property rights.« Back to Glossary Index