Estate Planning Law

Search for an Attorney  

What Does It Mean To Be Incapacitated Or Disabled?

As defined by Missouri law, an incapacitated person is one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he [or she] lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur. Similarly, a disabled person is one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage his [or her] financial resources. Under certain circumstances, the court may appoint a conservator for a person who has disappeared or is detained against his or her will.