The legal process of determining an individual’s inability to manage personal affairs due to cognitive impairment or other mental health conditions is a serious undertaking. It involves a formal assessment of an individual’s capacity to make informed decisions regarding their finances, healthcare, and living arrangements. For example, an elderly person with advanced Alzheimer’s disease who can no longer understand or express their wishes regarding medical treatment might be subject to this process.
Establishing a person’s lack of capacity ensures their well-being and protection from exploitation. It provides a legal framework for others, often family members or appointed guardians, to act on their behalf, safeguarding assets and ensuring access to necessary care. Historically, such processes have evolved from primarily protecting property rights to prioritizing the individual’s welfare and autonomy, albeit within legally defined limitations.
