Can an incapacitated person inherit and own property?

Yes. Incapacitation limits the capacity to perform legal acts, but it does not remove legal capacity. An incapacitated person inherits, owns a flat, holds money in an account and can be a policy beneficiary. That property is managed by a guardian under court supervision. What they cannot do is make a will.

Legal capacity versus capacity to perform legal acts

Legal capacity means being able to hold rights and obligations: to be an owner, an heir, a policy beneficiary. Every person has it from birth and incapacitation does not touch it.

Capacity to perform legal acts is something else: the ability to enter into contracts and make declarations of intent on your own. That is what incapacitation limits or removes.

So an incapacitated person can inherit a flat, but cannot sell it themselves.

Who manages that property

A guardian or a curator. Neither becomes the owner of anything: their duty is to act in the ward’s interest, and within the scope set by law they remain under the supervision of the guardianship court. Acts going beyond ordinary management, such as selling property, require the court’s consent.

The will is an exception with no way around it

Only a person with full capacity to perform legal acts can make or revoke a will. This applies to both full and partial incapacitation. A guardian cannot make a will on the ward’s behalf, a court cannot authorise it, and there is no substitute procedure.

After a final incapacitation order the estate passes to the statutory heirs, regardless of what the person had planned earlier.

Why this is an argument for sorting things out early

A will and a power of attorney are documents that have to be prepared while you are still able to. The diagnosis of a progressive illness is the moment to do it, not a subject to be postponed until it becomes urgent. After incapacitation that route is closed.