Determining Legal Competence

Defining Legal Capacity

In order for proper execution of any legal document, it is required that you are deemed to have sufficient mental capacity to fully understand the implications of the document. Let Mark G. Aberasturi, Attorney at Law PC help you through this process.

Capacity Requirements

It's common belief that legal capacity or "competence" is a black-and-white issue - either you have it or you don't. The fact is that it is much more fluid than that. Capacity depends on your ability and the function for which capacity is required.

Defining legal capacity is a two-step process. The first step involves your ability. This may change day-to-day, depending on factors like the course of an illness, fatigue, or the effects of medication.

The other step in the process depends on the legal document being executed. Some legal documents have a higher standard of understanding than others. For instance, it requires more capacity to enter into a contract than it does to execute a will.

Defining capacity can be a confusing process. Call Mark G. Aberasturi, Attorney at Law PC at (845) 219-5834 for the assistance you need.