Q: In state of TX, how do you determine official date when person becomes incapacitated?
A: Your question did not specify who is being declared legally incapacitated or the source of the incapacity, so I need to give a general answer. The law considers certain persons to lack capacity as a matter of law, that is, due to the person's status or condition. For instance, minors (i.e., children) lack legal capacity to enter into contracts. If the person that you are seeking to have declared as lacking capacity, then I think you will have to get a court to declare the incapacity, but the Court might be able to declare it retroactively to a certain date, for instance, if you could prove that an adult has been in a coma for an established period of time, which you may be able to prove with medical records, this might lead to a retroactive declaration of incapacity.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
