For purposes of guardianship, an adult is considered incapacitated if he or she has a “significant risk of personal harm based upon a demonstrated inability to adequately provide for nutrition, health, housing, or physical safety”, or is at “significant risk of financial harm based upon a demonstrated inability to adequately manage property or financial affairs.”
Incapacity is legal determination. Just because a person has a diagnosis of a condition such as Alzheimer’s disease, he or she may not meet the legal definition of “incapacity” for purposes of guardianship.