What standard governs incapacity under 81.02(b)?

• A. Clear and convincing evidence; likely to suffer harm because the person is unable to provide for personal needs and/or property management; and cannot understand the nature and consequences of such incapacity.
• B. A preponderance of evidence
• C. Beyond a reasonable doubt
• D. No evidence is required

Answer: (A)

Incapacity under 81.02(b) is shown using the clear and convincing evidence standard. This means the petitioner must prove, with a high degree of certainty, that the person is likely to suffer harm because they cannot provide for their own personal needs or properly manage property, and that the person cannot understand the nature and consequences of this incapacity. This standard sits between a mere preponderance of the evidence and beyond a reasonable doubt, reflecting the seriousness of removing decision-making from someone. The test is tied to three core elements: the likelihood of harm from an inability to care for personal needs or finances, and the person’s lack of understanding of the nature and consequences of that incapacity. Therefore, the best answer is that incapacity is proven by clear and convincing evidence.