Also known as: legally incompetent persons · incompetent person · legally incompetent
Written by attorneys · grounded in primary & secondary sources — see below
A person, other than a minor, who is temporarily or permanently impaired by mental illness, mental deficiency, physical illness or disability, or alcohol or drug use to the extent that the person lacks sufficient understanding to make or communicate responsible personal decisions or to enter into contracts.
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Lakeshore Industries failed to appear after proper service in a contract action seeking a fixed sum. The plaintiff submitted an affidavit showing the amount due. Because Lakeshore Industries is a corporation and not a legally incompetent person, the clerk entered judgment for the stated amount and costs.
Logan Lane suffered irreversible brain damage and remained in a persistent vegetative state. His court-appointed guardian petitioned to discontinue life-sustaining nutrition and hydration. The court applied heightened evidentiary standards because Logan Lane was a legally incompetent person whose prior wishes required clear proof.
Lillian Locke, an adult with documented cognitive impairment, signed a release after being shown misleading documents. The court held that her assent did not constitute consent because she was a legally incompetent person unable to make a reasonable judgment about the conduct at issue.
Lars Lindstrom was charged with a serious offense and displayed ongoing confusion during pretrial proceedings. The trial court conducted a competency hearing to determine whether Lindstrom was a legally incompetent person unable to assist in his defense or understand the charges.
Lorenzo Lugo, an inmate diagnosed with severe mental illness, refused antipsychotic medication. Prison officials sought to administer treatment over his objection because Lugo was a legally incompetent person whose condition posed a danger to himself and others.
Layla Lane, an adult ward without a court-appointed guardian, was named as defendant in a diversity action. The court appointed a guardian ad litem to protect Layla Lane as a legally incompetent person who lacked a representative to receive service or defend the suit.
A clerk may enter default judgment only when the claim is for a sum certain or one that can be made certain by computation, the defendant has failed to appear, and the defendant is neither a minor nor an incompetent person. If the defendant is a legally incompetent person, the court must instead apply Rule 55(b)(2) and ensure representation by a guardian or similar fiduciary.
Assent does not constitute consent when given by a legally incompetent person or by someone manifestly unable to make a reasonable judgment because of mental disease or defect. The Model Penal Code treats such assent as ineffective to negate an element of the offense or to justify conduct.
…with such copies as are necessary. Service shall be made as follows: "(1) Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and…
…was a constitutionally permissible procedural protection to assure that the withdrawal of life-sustaining treatment from an incompetent person
…cert. denied, 429 U. S. 1038 (1977). Our cases recognize that a defendant has a constitutional right "not to be tried while legally incompetent
…at 183. The dissenting opinion of THE CHIEF JUSTICE states that the Court's holding today "conclusively presumes a suspect is legally incompetent
…Section 45-2-211(2), MCA, codifies the four exceptions: Consent is ineffective if: (a) it is given by a person who is
A legally incompetent person may sue or be sued through a duly appointed representative. If none exists, the court must appoint a guardian ad litem or issue another order to protect the unrepresented party during the action.
Yes. A state may place the risk of error on those seeking to terminate treatment for a legally incompetent person because an erroneous decision to continue treatment preserves the status quo and allows for later correction.
The guardian is deemed a citizen only of the same state as the legally incompetent ward. The guardian's own domicile is disregarded to prevent manipulation of diversity jurisdiction.