in·ca·pac·i·ty /ˌin-kə-'pa-sə-tē/ n pl -ties
1: the quality or state of being incapable; esp: lack of legal qualifications due to age or mental condition compare capacity
2: the inability of an injured worker to perform the duties required in a job for which he or she is qualified compare disability 1

Merriam-Webster’s Dictionary of Law. . 1996.

I noun adynamy, anility, caducity, disability, disablement, disenablement, disqualification, dotage, failure, feebleness, helplessness, impotence, impuissance, inability, inadequacy, inaptitude, incapability, incapacitation, incompetence, incompetency, incomprehension, inefficacy, inefficiency, ineptitude, infirmity, inscitia, lack of capacity, lack of fitness, lack of power, morosis, unfitness, unproficiency, unskillfulness, weakness associated concepts: disability, incapacity for work, incapacity to sue, legal incapacity, mental incapacity, permanent incapacity, physical incapacity, total incapacity II index abortion (fiasco), disability (physical inability), disqualification (factor that disqualifies), fault (weakness), frustration, ignorance, impotence, impuissance, inability, incompetence, inefficacy

Burton's Legal Thesaurus. . 2006

Inability to do or understand something; lack of physical, mental, or legal ability to do a particular task.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property, or finances.
2) A lack of ability to understand one's actions when making a will or other legal document.
3) The inability of an injured worker to perform his or her job. This may qualify the worker for disability benefits or workers' compensation.
4) 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.
Category: Employment Law & HR → Employee Rights
Category: Employment Law & HR → Human Resources
Category: Wills, Trusts & Estates → Financial Powers of Attorney
Category: Wills, Trusts & Estates → Living Wills & Medical Powers of Attorney
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.

1 A lack of physical or mental ability or standing.
2 Inability to take actions that are legally effective, such as signing a contract, due to age, mental status, or other factors.

Webster's New World Law Dictionary. . 2000.

The absence of legal ability, competence, or qualifications.

Dictionary from West's Encyclopedia of American Law. 2005.

The absence of legal ability, competence, or qualifications.
II Lack of legal ability to act; disability, incompetence; lack of adequate power.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

   1) not being able to perform any gainful employment due to congenital disability, illness (including mental), physical injury, advanced age or intellectual deficiency. This is significant in claims for worker's compensation, disability insurance, or Social Security claims under "SSI."
   2) lacking the ability to understand one's actions in making a will, executing some other document or entering into an agreement. A challenge to the validity of a will often turns on a claim that the person (now dead and unable to testify) lacked the capacity to understand what he/she owned, who were the "natural objects of his/her bounty" (close relatives primarily), that no one was able to dominate the testator's (will writer's) judgment so as to exert "undue influence." Mental weakness may show lack of capacity to make a will, as can fear, intimidation or persistent drunkenness. Example: an old lady is kept well supplied with whiskey for several months by her greedy sisters, who finally convince her to change the will from benefitting her children to benefitting them when she is drunk and fearful they will cut off her supply. A court would probably find she had lacked capacity to decide to make the latest version of the will.
   See also: incompetent

Law dictionary. . 2013.


Look at other dictionaries:

  • incapacity — UK US /ˌɪnkəˈpæsəti/ noun [U] ► HR the state of not being able to do something such as a job, usually because of an illness: »mental/physical incapacity …   Financial and business terms

  • Incapacity — In ca*pac i*ty, n.; pl. {Incapacities}. [Cf. F. incapacit[ e].] [1913 Webster] 1. Lack of capacity; lack of physical or intellectual power; inability. [1913 Webster] 2. (Law) Lack of legal ability or competency to do, give, transmit, or receive… …   The Collaborative International Dictionary of English

  • incapacity — incapacity. См. гибридная стерильность. (Источник: «Англо русский толковый словарь генетических терминов». Арефьев В.А., Лисовенко Л.А., Москва: Изд во ВНИРО, 1995 г.) …   Молекулярная биология и генетика. Толковый словарь.

  • incapacity — (n.) 1610s, from Fr. incapacité (16c.), from M.L. incapacitatem (nom. incapacitas), from L.L. incapax (gen. incapacis) incapable, from in not (see IN (Cf. in ) (1)) + L. capax capable, lit. able to hold much, from capere …   Etymology dictionary

  • incapacity — ► NOUN (pl. incapacities) 1) inability to do something or to manage one s affairs. 2) legal disqualification …   English terms dictionary

  • incapacity — [in΄kə pas′i tē] n. [Fr incapacité < ML incapacitas] 1. lack of capacity, power, or fitness; disability 2. legal ineligibility or disqualification …   English World dictionary

  • incapacity — Want of legal, physical, or intellectual capacity; want of power or ability to take or dispose; want of legal ability to act. Inefficiency; incompetency; lack of adequate power. The quality or state of being incapable, want of capacity, lack of… …   Black's law dictionary

  • incapacity — in|ca|pa|ci|ty [ˌınkəˈpæsıti] n [singular, U] formal lack of the ability to do things or to do something ▪ temporary incapacity through illness mental/physical/intellectual etc incapacity ▪ Evidence of his mental incapacity was never produced in… …   Dictionary of contemporary English

  • incapacity — In the broader meaning, physical or mental inability to act. In some contexts, confined to mental disability or incapability. Ellicott v Ellicott, 90 Md 321, 45 A 183 (incapacity to pursue a college education.) For the purposes of workmen s… …   Ballentine's law dictionary

  • incapacity — [[t]ɪ̱nkəpæ̱sɪti[/t]] N UNCOUNT: oft with poss, oft N to inf The incapacity of a person, society, or system to do something is their inability to do it. [FORMAL] ...Europe s incapacity to take collective action... Patients with no mental… …   English dictionary

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