Which of the following is NOT a criterion for an incapacitated person as defined by law?

The criterion that states a person could be intoxicated but still conscious falls outside the legal definition of an incapacitated individual. In most legal frameworks, incapacitation refers to a significant impairment that affects a person's ability to make sound judgments or decisions. While intoxication can render a person incapable in certain contexts, being conscious alone does not automatically imply incapacity.

Incapacitated individuals are generally defined by their inability to make rational decisions or are in states like unconsciousness, where they cannot engage with their environment or comprehend their situation. Additionally, possessing no memory of past events may be related but typically does not alone define incapacity without the context of decision-making ability or immediate functional impairment.

Thus, the focus of the definition is on impairment related to cognitive and decision-making abilities, rather than merely being conscious while intoxicated.