Incapacity means that a person is unable to understand information relevant to making a decision
about the management of property, or is unable to understand and appreciate the foreseeable
consequences of making (or not making) a decision about the management of property. If a
principal/donor is incapacitated, he or she cannot create a valid Power of Attorney, Health Care
Directive or Last Will and Testament. Someone who is incapacitated cannot be appointed as an
attorney-in-fact or a health care representative. Also referred to as mental incapacity.
