The mentally incapacitated patient is frequently encountered in the general medical hospital. Incapacity is the clinical state in which a patient is unable to participate in a meaningful way in medical decisions.
The Medical Incapacity Hold: A Policy on the Involuntary Medical Hospitalization of Patients Who Lack Decisional Capacity Psychosomatics. Mar-Apr 2018;59(2):169-176.doi: 10.1016/j.psym.2017.09.005.
Marion O’Neill, a Republican Minnesota state representative, said she first introduced a five-part bill in 2019 that aimed, among other changes, to revise the state’s definition of mental incapacitation.
Incapacitated Person. An incapacitated person is a person who is unable to make a decision, or communicate that decision, as a result of being under the influence of drugs or alcohol.
Age and infirmity can also diminish a person’s capacity to care for themselves. Incapacity can also refer to someone who is unconscious or in a coma, which renders them unable to respond to questions or make decisions. Under Minnesota law, an incapacitated person is defined as follows:
Sometimes, the terms "incapacitated" and "incompetent" are used interchangeably. However, there are legal distinctions between the two. If someone is legally incapacitated, they cannot care for themselves or manage their own financial affairs. When someone is found legally incompetent, they are unfit or unqualified to do something.
Similarly, you can create a statutory power of attorney for finances, authorizing a trusted family member or friend to manage your financial affairs if you become incapacitated. If you decide to create and fund a revocable trust, your designated successor trustee will manage the trust assets on your behalf.