FAQs About Powers of Attorney and Directives

Who is an Incapacitated Person?

by Rania Combs

The Texas Estates Code specifically defines who is an incapacitated person. According to the Code, an incapacitated person is:

  1. A minor;
  2. An adult individual who, because of a physical or mental condition is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual’s own physical healthy, or to manage the individual’s own financial affairs; or
  3. A person who must have a guardian appointed to receive funds due the person from any government source.

Incapacitated people may include people with mental illness, mental deficiency, physical illness, illness related to advanced age, chronic drug use, chronic alcohol use, or any other condition that prevents a person from being capable of caring for himself.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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