Who is an Incapacitated Person?

TTexas Probate 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.

Leave a Comment

If you would like to add your perspective to this post or have a general question, please leave a comment. However, if you have a fact-specific legal question, please email me, or communicate with me through my secure client area. To do so, simply login if you are an existing client, or request an introductory conference if you are interested in becoming a new client.