Mental Capacity

/ˈmɛn.təl kəˈpæs.ɪ.ti/

Definitions

  1. (n.) The legal and cognitive ability of an individual to understand, make, and communicate informed decisions.
    The court assessed his mental capacity before approving the contract.
  2. (n.) In law, the requirement that a person must have sufficient mental capacity to enter into binding agreements or conduct legal acts.
    Without mental capacity, a contract can be declared void.

Commentary

Mental capacity assessments are fact-specific, focusing on the individual’s ability at the relevant time; terminology varies by jurisdiction between "capacity" and "competency."

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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