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Common Questions

What does “incapacitated” mean?

Incapacitated means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for his/her physical health or safety.

A person can be affected by a disability and yet have legal capacity. It is only when disability prevents them from taking action necessary to provide for their own health care, food, shelter, clothing, personal hygiene or other care that the court will step in and appoint a guardian.