In legal terms, being capable means having the mental capacity to understand and make decisions about one’s own affairs.
Capability is typically determined by a court or legal authority, often through the use of medical or psychological assessments.
Yes, it is possible for a person to be deemed incapable for certain decisions, such as managing their finances, but capable for other decisions, such as making healthcare choices.
If someone is deemed incapable, a legal guardian or conservator may be appointed to make decisions on their behalf.
Yes, a person’s capability can change due to factors such as aging, illness, or injury.
Yes, a person can challenge a determination of incapability through the legal system, often with the assistance of a lawyer.
Yes, a power of attorney can be used to designate someone to make decisions on behalf of a capable person, typically for specific matters such as finances or healthcare.
In some cases, a capable person may be required to undergo a mental capacity assessment if there are concerns about their ability to make decisions.
Yes, it is possible for a person to regain their capability after being deemed incapable, especially with appropriate medical treatment and support.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 4th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/capable/
- Modern Language Association (MLA):Capable. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/capable/.
- Chicago Manual of Style (CMS):Capable. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/capable/ (accessed: May 09 2024).
- American Psychological Association (APA):Capable. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/capable/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts