INCOMPETENCY
The lack of ability, knowledge, legal qualification,
or fitness to discharge a required duty or profes-
sional obligation.
The term incompetency has several meanings
in the law.When it is used to describe the men-
tal condition of a person subject to legal pro-
ceedings, it means the person is neither able to
comprehend the nature and consequences of the
proceedings nor adequately able to help an
attorney with his defense. When it is used to
describe the legal qualification of a person, it
means the person does not have the legal capac-
ity to enter a contract. When it is employed to
describe a professional duty or obligation, it
means that the person has demonstrated a lack
of ability to perform professional functions.
Mental Incompetency
A person who is diagnosed as being mentally
ill, senile, or suffering from some other debility
that prevents them from managing his own
affairs may be declared mentally incompetent by
a court of law. When a person is judged to be
incompetent, a guardian is appointed to handle
the person’s property and personal affairs.
The legal procedure for declaring a person
incompetent consists of three steps: (1) a
motion for a competency hearing, (2) a psychi-
atric or psychological evaluation, and (3) a com-
petency hearing. Probate courts usually handle
competency proceedings, which guarantee the
