Sometimes people going through divorce lack decision-making capacity. At times, the lack of decision-making capacity is the cause of the divorce. Other times, the incapacity occurred long before or ...

Someone who is incapacitated cannot make personal decisions or understand legal documents. An incapacitated person requires a surrogate decision-maker, such as an agent under a health care power of ...

Rape victims who get drunk on their own aren't "mentally incapacitated," Minnesota high court said. "Mentally incapacitated" applies when someone gets drunk without their consent, the court said.

When beginning the process of estate planning or learning about elder law, you will likely read about diminished capacity or the legal protections that may be needed if an individual is incapacitated.