What Is An "Incapacitated Person" In Regards To New York Estate Law?

Definition of INCAPACITATED PERSON
(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
 
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.

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If you need legal help with an estate issue you should speak with an experienced estate litigation attorney as soon as possible. Contact us online or call our New York City office directly at 212.227.2424 to schedule your free consultation. We proudly serve clients in Brooklyn, Manhattan, Queens, Staten Island, Nassau County, Westchester County and throughout New York as well as northern New Jersey.

Daniel R. Antonelli
Representing trust & estate clients with an emphasis on estate litigation in the New York City Metro Area.