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    What does the term "mentally incapable" mean?
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    In general, if someone is "mentally incapable," it means that they cannot understand relevant information or cannot appreciate what may happen as a result of decisions they make – or do not make – about their finances, health, or personal care. "Mentally incapable" means different things in different situations and can indicate a higher or lower standard of capacity depending on the context. For instance, in order for a Power of Attorney for personal care to become valid or active, an "assessor" must deem the subject of the Power of Attorney to be "mentally incapable." If this happens, then that individuals’ power of attorneys may assume control of their personal decisions, so long as a power of attorney has been duly executed. If you are worried that someone you know may be approaching the point where they will be considered "mentally incapable," you may want to consider executing a Power of Attorney and a living will.

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