Chapter Seven - Capacity Flashcards
Avoid
Make a contract void; see also disaffirm
Minor
A person who has not reached adult status, typically the day before his/her eighteenth birthday
Majority
The age of adult status (typically 18)
Infant
A minor
Guardian
Individual with legal responsibility for the minor
Administrator
Responsible for settling a person’s financial affairs after death; also called executor
Agent
One who is authorized to act for or in place of another; representative
Necessities
Things indispensable to life; reasonable needed for subsistence, health, comfort, and education, considering the person’s age, station in life, and medical condition
Emancipation
Minor is no longer under care/control of an adult
Restitution
Return of, restoration of, or compensation fro
Fraud
False statement regarding a material fact, intended to deceive an individual who reasonably relies on the statement
Disaffirm
Make a contract void; see Avoid
Ratify
To acknowledge or validate a contract after its execution
Express Ratification
To state or write intent to honor a contract or, if the contract has been executed, to acknowledge the contract
Implied Ratification
Intent to honor contract or acknowledgment of contract can be inferred from behavior or words
Cognitive Test
Mental incompetence determined by inability to understand the nature and consequences of a transaction
Volitional Test
Mental incompetence shown by inability to act reasonably with respect to a transaction
Adjudicated Incompetent
Court has declared person incometent
Non-adjudicated Incompetent
Incompetence has not been determined by the court
Void
With no legal effect from the outset
Intoxicated
Under the influence of alcohol or drugs
Guardian Ad Litem
Court-appointed person to advocate best interests of a child or incompetent during litigation
Attorney for the Child
Attorney whose role is to advocate the child’s position
LAP’s
Lawyers assistance programs
