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Capacity (Competence) and Incapacity Clinical incapacity. Legal incapacity.
For example, those who have the following problems may be deemed mentally incapacitated: Dementia. a severe learning disability. a brain injury.
Here are some examples of conditions or events that can lead to a person's incapacity: an intellectual disability. head trauma. a stroke. a degenerative disease (e.g., Alzheimer's)
The decision to declare someone as legally incapacitated is determined by a court. A medical team will submit opinions on the individual in question after a series of tests and evaluations. The court will then look over these opinions. It is possible for a family member or the individual to challenge the decision.