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Incapacity is a term used across different areas of the legal landscape that reflects one’s inability to perform various functions.

Common uses include:

  • A lack of physical or mental/cognitive ability that results in a person's inability to manage their own personal care, property, or finances.
  • A lack of ability to understand one's actions when making a will or other legal document.
  • The inability of an injured worker to perform their job. This may qualify the worker for disability benefits or workers' compensation.
  • Under the Family Medical Leave Act (FMLA), the inability to work, attend school, or perform other regular daily activities due to a serious health condition, treatment for the condition, or recovery from the condition.

[Last updated in June of 2022 by the Wex Definitions Team]