Power of Attorney Glossary

incompetent, incompetence or incompetency

A person is incompetent if he or she has been judicially determined to lack the capacity to manage at least some of his or her property, or to meet at least some of the essential health and safety requirements of taking care of one's self. Some state laws use the word "incapacity." However, the word "incapacity" is used when there has not been a legal determination, and the word "incompetency'' when there has been such a determination.