text: is there a legal diference between mental incapacitation and a person having a mental disability or thesame? govt.code #911.6..#3 allows for a late filing of a claim against a government entity if it can be proved that,as it reads;.."(b) the board shall grant the application where one or more of the folowing is applicable: ...#3)the person who sustained the alleged damage, injury or loss was physically or mentally incapacitated during all of the time specified in section 911.2 for the presentation of the claim amd by reason of such disability failed to present a claim during such time.  so,as it reads is there a distinction and if so in what manner or way ? i mean to say if i have a verified or certifiable mental disability is this the same as being mentally incapacitated ? (legally) whereby, if so, i would be able to file a claim in accordance to the rule set forth in 911.6..#3 ?  thanks to whoever can assist me on this. i am in need of a answer asap.  peace your disability does not automatically qualify you as having been mentally incapacitated during the period in question.  each state has a different definition of "mental incapacitation," but most will define it as something similar to "the inability to make decisions to which legal consequences may attach."  this can be due to an actual medical disability (a mentally retarded individual may be found to be mentally incapacitated), or it could be situational (the fit of rage rendered you unable to make rational decisions).  it could even be wholly unrelated to any mental condition whatsoever (a perfectly normal, mentally healthy 5-year old doesn't have the mental capacity to enter into a binding contract).  if you file your claim, and it is challenged as untimely, you will need medical evidence establishing that your particular disability qualified you as "mentally incapacitated" during the period at issue.    on a wholly different note, most states have a tort claims act that will require you to jump through various other hoops prior to filing a claim against a government entity.  be sure to look into those requirements as well.