CHAP 8: MENTAL ILLNESS INFLUENCE ON STATUS Flashcards
DEFINE MENTAL ILLNESS
refers to a persons’ inability to appreciate the consequences of his/her legal transactions
medically it refers to a positive diagnosis of a mentally-related illness made in terms of accepted diagnostic criteria by an authorized practitioner
the courts also imply that a person motivated to perform by delusions caused by mental illness but understands the nature of the transaction is also regarded as mentally ill
COMMON LAW & MENTAL ILLNESS: DIGEST OF ROMAN LAW
the common law provisions state that:
- as a mentally ill person had no capacity to act, the person who acted in good faith should be remunerated after spending money on the ill person on considerations of equity
- if an agent has acted in for the ill person, the 3rd party who wasn’t aware of this could rescind from the transaction
MENTAL ILLNESS & CAPACITY TO ACT
mentally ill persons do not have the capacity to act alone
legal transactions of mentally ill person’s are void & cannot be ratified
if a mentally sound person enters into a transaction during temporary mental illness the contract will be void
the contract is valid & enforceable if the person is undergoing lucidum intervallum
if a curator contracts on behalf of the person then it will be valid & enforceable
MENTAL ILLNESS & DIVORCE PROCEEDINGS
if a respondent is committed to any mental institution by court order, or as a state patient, or is a mentally ill inmate the court will grant a divorce order
this will happen once the person has been ill for 2 years without interruption & never released AND with proof from 2 psychiatrist contending that the patient has no reasonable expectation of recovery
the court will also grant divorce when the person is unconscious due to physical ailment for an uninterrupted period of 6 months & neurologists have to testify that the person will not regain consciousness
CAPACITY TO LITIGATE OF A MENTALLY ILL PERSON
the ill person has no capacity to litigate alone
the person is entitled to legal representation should the person need court appearance
the ill person is also entitled to state funded legal aid
LEGAL CAPACITY OF THE MENTALLY ILL
the ill person will not be able to hold office as they cannot perform juristic acts bc legislation prohibits ill persons to hold office
the ill person still has parental authority over his/her children but certain issues as consent are held by high court
intimate relationships of the ill person are restricted as to failure to grant consent
ONUS OF PROOF FOR ILL PERSONS
S.A law contends a rebuttable presumption that everyone is mentally sound
if a person is NOT admitted in any institution, the burden is on the alleging person that says the person is ill
if a person IS admitted, the burden is on the one denying mental illness
