Limited Capacity (Guardianship) Law and Legal Definition

Limited capacity with reference to guardianship means the status or capacity of a person who is either temporarily or permanently unable to make a fully informed independent decision concerning his/her person or estate. Persons with an inherent physical condition which restricts them reaching the normal levels of performance expected from persons of comparable age are said to be having limited capacity. Conditions under which individuals cannot care for themselves, or which results in acts against the person's interests are also referred to as limited capacity. A person may have limited capacity because of various reasons. For example, limited capacity of a person can be due to an illness. Persons with limited capacity are to be protected by a guardian or else they face the risks of abuse or exploitation.

According to Nev. Rev. Stat. Ann. § 159.022, "A person is of "limited capacity" if:

1. The person is able to make independently some but not all of the decisions necessary for the person's own care and the management of the person's property; and

2. The person is not a minor."