Incapacitat

Incapacitat, commonly translated as incapacity, is a term used to describe the state or condition of lacking the ability to perform certain actions, make decisions, or manage one’s affairs. It can have medical and legal dimensions, and the exact meaning depends on the context and jurisdiction. In medical terms, incapacity refers to diminished or impaired capacity to understand, communicate, or exercise judgment due to illness, cognitive decline, injury, or intoxication. This can affect daily activities and safety and may be temporary or permanent depending on the cause and treatment.

In legal contexts, incapacity is a formal determination that a person cannot legally exercise certain rights or manage property and personal affairs. When incapacity is established, protective arrangements such as guardianship or conservatorship may be invoked to represent the person or oversee their assets. The tests, procedures, and scope of authority vary by jurisdiction, but typically involve medical or psychiatric evaluation and court proceedings. Capacity can be partial or full, and may be temporary or permanent.

Assessments aim to balance a person’s autonomy with protection from harm. Modern approaches often emphasize supported decision-making, where individuals receive assistance to participate in decisions rather than having all authority removed. Causes of incapacity include aging-related cognitive decline, neurodegenerative diseases, psychiatric illness, brain injury, severe intoxication, or acute medical conditions. Reversibility is possible with treatment, rehabilitation, or recovery, underscoring the importance of regular review and appropriate safeguards to protect rights and well-being.