Competence (law)

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For the concept of authority to make legal pronouncements, see Jurisdiction.

In United States law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify. The English equivalent is fitness to plead.

United States[edit]




Competence to be executed[edit]


Competence to enter into a contract[edit]

Generally, in the United States, a person has the capacity or competence to make the decision to enter into a contract if the person has the ability to understand and appreciate, to the extent relevant, all of the following: (a) The rights, duties, and responsibilities created by, or affected by the decision. (b) The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision. (c) The significant risks, benefits, and reasonable alternatives involved in the decision. See, e.g., California Probate Code §812.[3]

Competence and Native Americans[edit]



Competency case law[edit]


Ruling reversal[edit]

Main article: Kenneth L. Curtis

In 1989, Kenneth Curtis of Stratford, Connecticut was initially found mentally incompetent to stand trial following the murder of his estranged girlfriend. But years later, as he had attended college and received good grades, this ruling was reversed, and he was ordered to stand trial.

See also[edit]


  1. ^ "Standards for Determination of Competence". Journal of the American Academy of Psychiatry and the Law. 2007. Retrieved 2007-10-19. 
  2. ^ "Ford v. Wainwright 477 U.S. 399". Cornell Law School. Retrieved 2007-10-03. 
  3. ^ "California Probate Code Part 17. Legal Mental Capacity". California Legislature. Retrieved 3 February 2014. 
  4. ^ "AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial – Mossman et al. 35 (4): S3 – Journal of the American Academy of Psychiatry and the Law Online". Retrieved 2008-02-21.