Will and Trusts Law
What is incapacity or a lack of capacity?
In legal terms, incapacity or a lack of capacity is not very well defined. And many cases we are left to our own devices to recognize incapacity when we see it, kind of like pornography, you’ll know pornography when you see it. Generally speaking though incapacity refers to a cognitive condition in which you cannot relate to time, place or person and as a result of your inability to make those relationships you don’t make good decisions.