Grave Incapacity Law and Legal Definition

Grave Incapacity is a condition in which an individual is unable to provide for basic personal needs as a result of some mental disorder. Such a mentally disabled person may be incapable of arriving at rational or responsible personal welfare decisions. They also lack the capacity to understand that they are unable to take care of themselves and make decisions on their behalf.

An example of Missouri Law defining an “incapacitated person” is provided in Mo. Rev. Stat. § 475.010(9). An incapacitated person is defined as “ 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 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.”