Also known as: personal decision making · personal decisions · autonomy · capacity
Written by attorneys · grounded in primary & secondary sources — see below
A mental capacity enabling a person to understand the nature and consequences of choices that affect personal interests or legal rights. This capacity requires comprehension of relevant facts and the ability to form rational judgments about those facts.
Select any source to read its text and confirm it supports the definition.
Preston Pratt, charged with arson, presents evidence that a diagnosed mental disease prevented him from recognizing that society viewed setting the fire as wrongful. The court applies the M'Naghten test and acquits him because the disease caused a defect in reasoning that eliminated his capacity to know the conduct was wrong.
Paula Pierce sues her former employer. At deposition she admits under oath that she authorized the disputed transaction while suffering from dementia that prevented understanding its consequences. The court excludes the statement because she lacked personal decision-making capacity at the time.
Parker Phillips, an officer of Phoenix Technologies, approves a risky contract without reviewing financial projections because dementia prevented him from forming rational judgments. Shareholders sue for breach of duty. The court measures his conduct against the standard of care a person in like position would reasonably exercise under similar circumstances.
Paul Peterson's lawyer learns that Paul, suffering from advanced dementia, is about to sell his home for far below market value. The lawyer reasonably believes Paul cannot protect his own interests. The lawyer consults Paul's adult children and petitions for appointment of a conservator.
Portia Price signs a release allowing a film crew to enter her property for a documentary. At the time of signing she understands the nature of the filming and its duration. When she later sues for trespass, the court holds the consent effective because it was given by one with capacity to consent.
Pavel Petrov, age eighty-two, irrevocably transfers his only substantial asset to a distant relative. He understands the gift will leave him without funds for future medical care. His children challenge the transfer. The court voids the gift because Pavel lacked capacity to appreciate its effect on his financial security.
Capacity for an irrevocable gift demands both the mental capacity to make or revoke a will and an understanding of the gift's effect on the donor's future financial security and any dependents. Will capacity focuses on knowing the property, natural objects of bounty, and the disposition being made.
A lawyer may act when the client has diminished capacity, faces substantial risk of harm unless action is taken, and cannot adequately protect personal interests. Permissible steps include consulting family members or seeking appointment of a guardian or conservator.
…in two distinct capacities: as a public ministerial officer of the United States and as agent of the President. In the first capacity his duty is to the United States or its citizens; in the other his duty is to the President. In the former capacity he is compellable by mandamus to do his duty; in the latter he is not.…
…illogical to believe that state recognition of the love and commitment between same-sex couples will alter the most intimate and personal decisions of opposite-sex couples”). The respondents have not shown a foundation for the conclusion that allowing same-sex marriage will cause the harmful outcomes they describe. Indeed, with respect…
…asset or investment of this common fund. The trust company must keep fund assets separate from its own, and in its fiduciary capacity
…courthouse in Brooklyn, where he was interrogated, booked, and strip-searched. Each of the agents was sued in his individual
…supervision; to eliminate unfair competitive practices; to promote the fullest possible utilization of the present productive capacity
No. The defendant must also have lost the capacity to recognize that society regards the conduct as wrong. Moral belief alone is insufficient for acquittal under the traditional M'Naghten test.
An officer must act in good faith and with the care that a person in a like position would reasonably exercise under similar circumstances. Failure to meet this standard exposes the officer to liability for resulting harm.
Consent is ineffective unless given by one who has the capacity to consent or by a person legally empowered to consent for that individual. Incapacity due to minority, mental impairment, or unconsciousness renders consent invalid.