What defines an incapacitated or incompetent person?

An incapacitated or incompetent person is defined as someone who is impaired to a degree that renders them unable to make personal decisions effectively. This definition encompasses a wide range of conditions and circumstances that can affect an individual's capacity, including mental illness, cognitive decline, neurological disorders, or other health issues that significantly impact their ability to understand information, appreciate the consequences of their decisions, or communicate their choices.

This definition acknowledges that incapacity can result from various factors, not limited to age or specific health conditions. It focuses on the individual's decision-making abilities, regardless of the underlying cause, emphasizing that incapacity is about the impairment of personal decision-making rather than simply the presence of a medical condition.

In contrast, the other options either imply a level of competency (as in the case of mentally stable individuals) or mischaracterize incapacity by suggesting that choice is involved (as in the case of someone who can make decisions but opts not to). The focus on age as a determinant in the last option is also misleading, as incapacitation can affect individuals of any age and is not confined to the elderly. Therefore, the understanding of incapacity centers on the impact of impairment on decision-making rather than demographics or the presence of health issues alone.