Definition of INCAPACITATED PERSON
![New York estate attorney advising on incapacitated person guardianship in Surrogate’s Court]()
(noun): any person who for any cause is incapable adequately to protect his or her rights, including a person for whom a guardian has been appointed pursuant to Article 81 of the Mental Hygiene Law (SCPA § 103 [25])
(noun): any person who for any cause is incapable adequately to protect his or her rights, including a person for whom a guardian has been appointed pursuant to Article 81 of the Mental Hygiene Law (SCPA § 103 [25])Plain English translation: A person who lacks the ability to protect himself. An estate litigation attorney can help families protect the rights of incapacitated individuals by assisting with guardianship and estate matters in Surrogate’s Court.
Reasons why an individual may be found incapable of adequately looking after his rights include:
1. Advanced age;
2. Illness;
3. Infirmity;
4. Mental weakness;
5. Alcohol abuse;
6. Addiction to drugs; or
7. Any other cause.
Example: Charles suffers from advanced Alzheimer’s disease and cannot protect his rights. Since he is incapacitated, he needs someone else to represent his legal interests.
