How is incapacity determined?
Since minority is solely a factor of age, any person under the age of 18 is incapacitated by minority without any further determination. In the case of an adult, a person’s incapacity must be determined through a court proceeding. In that proceeding, a panel of three mental health professionals is appointed to examine the individual and report to the court. An attorney is also appointed to represent the incapacitated individual. A person may suffer from limited incapacity or total incapacity based on the findings of the medical panel.
