Incapacity

Incapacity is a condition in which a person lacks the mental capacity to make, understand, or communicate decisions or to perform essential tasks due to cognitive, psychiatric, or physical impairment. It is not a single, universal state but a range of limitations that can affect different domains of life, such as personal care, finances, or medical treatment. Capacity is often specific to a particular task and may fluctuate over time.

Legal incapacity refers to a formal determination within a legal system that an individual cannot manage some or all of their personal or financial affairs. When capacity is legally lacking, guardianship or conservatorship may be established to protect the person and manage their interests. Importantly, many jurisdictions treat capacity as task-specific and time-specific; a person may have capacity to some tasks (for example, to vote or to sign a basic contract) but not to others (such as entering complex financial arrangements or executing a will).

Medical or clinical incapacity concerns the ability to understand information, appreciate consequences, reason about options, and communicate a choice about medical care. Capacity to consent to treatment is decision-specific and can be temporarily impaired by conditions such as delirium, anesthesia, intoxication, or acute illness. In such cases, substitute decision-makers or advance directives may be used to guide care, while efforts are made to restore capacity.

Assessment of incapacity involves professionals who evaluate cognition, decision-making abilities, and risks, always balancing respect for autonomy with protection from harm. Safeguards, supports, and rights-based frameworks aim to minimize unnecessary restrictions on independence while ensuring proper protection.