Rptr. Thus, contracts between an incompetent adult and another person are generally considered voidable, not void. Do I need a legal or clinical determination of incapacity before I take the car keys away from an older parent who has dementia and is an unsafe driver? San Bernardino County jail to treat mentally ill inmates statewide PDF Department of Veterans Affairs 3 - GovInfo Jurasek v. Utah State Hospital (State hospital can forcibly medicate a mentally ill patient who has been found incompetent to make medical decisions if the patient is . 2d 272, 285 [55 Cal. Real Estate, Zoning, Land Use & Development. Sign up for our free summaries and get the latest delivered directly to you. Mrs. Rick granted Sailer an option to purchase the Rick's home for significantly less than the probable market value. If you have feedback or questions, please reach out to us here. 2d 215, 220 [300 P.2d 329]; Boyd v. Bevilacqua, 247 Cal. Mental Capacity Standards in California Civil Litigation App. This complicated set of facts is important, because it shows what can happen to a person with reduced cognitive abilities who enters into legally binding contracts. (Civ. 1. The second exception to legal capacity is mental illness or mental defect [5]. 100 [261 N.Y.S. If a person was not aware that they were entering into a contract and he or she is mentally incapacitated, the law provides that it is a voidable case. (See 3 Witkin, Summary of Cal. Those whose affairs are under the control of the Court. Baker concedes that if Bratton and Smalley were not partners or joint venturers, then there was no consent by Smalley to the modification. Add to this the dementia caused by Alzheimer's and you have a nearly irresistible opportunity for the unscrupulous.