An incapacitated person is an individual for whom a guardianship proceeding is initiated. S/he has been determined by court as lacking the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements.

An incapacitated person may not be able to make or communicate responsible personal decisions. S/he exhibits an inability to meet his/her own personal needs for medical care, nutrition, clothing, shelter, or safety. If a person cannot make decisions on any of the issues a general guardian will be appointed. If the person has disability only in limited areas, then a limited guardian is sufficient. A minor may not come under the definition of incapacitated person under certain statutes and is treated separately.