Incapacity
A court's finding that someone cannot make their own decisions.
What Incapacity means in an estate
A court decides incapacity, usually on medical evidence and often after a formal evaluation. The finding can be limited, leaving the person some rights, or total. The legal standard, the evidence required, the rights the person keeps, and the vocabulary used for each level vary by state. Incapacity is a legal conclusion, not a diagnosis: a person can have a serious diagnosis and still be legally capable.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how incapacity is handled where the estate is being settled.
Related terms
Full probate glossary
Browse every probate and estate settlement term.
Probate assessment
Not sure what applies to your situation? Answer a few questions to find your path.
Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.