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.
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