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Glossary

married

In Wills and Powers of Attorney

To be married or to have a marriage means that 2 people had a marriage ceremony with someone that has the legal power to marry them. 

A marriage ends only by divorce, annulment, or the death of one of the partners.

Being separated is not the same as being divorced.

mentally capable

In Abuse and Family Violence, Abuse of people with disabilities, Elder abuse, Health and Disability, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property

Being mentally capable means being able to make decisions for yourself about things like your:

  • personal care, such as bathing and getting dressed
  • health care and medical treatment
  • property

A person needs to be mentally capable to make:

The rules about being mentally capable are different depending on the kind of decision or the kind of legal document they want to make.

mentally incapable

In Abuse and Family Violence, Abuse of people with disabilities, Elder abuse, Health and Disability, Elder abuse, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property

Being mentally capable to make decisions depends on whether the decision is about:

  • personal care, such as bathing and getting dressed
  • health care and medical treatment
  • property and finances

Mental capacity also depends on the type of document you want to prepare, for example: