Incapacity

FAQs About Powers of Attorney and Directives

Who is an Incapacitated Person?

by Rania Combs

The Texas Estates Code specifically defines who is an incapacitated person. According to the Code, an incapacitated person is:

  1. A minor;
  2. An adult individual who, because of a physical or mental condition is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual’s own physical healthy, or to manage the individual’s own financial affairs; or
  3. A person who must have a guardian appointed to receive funds due the person from any government source.

Incapacitated people may include people with mental illness, mental deficiency, physical illness, illness related to advanced age, chronic drug use, chronic alcohol use, or any other condition that prevents a person from being capable of caring for himself.

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