Question

Read the following scenario and answer the question in 5-10 sentences.

You are an adult friend of a sixty-five-year-old male, James, who lives next door. James is friendly and kind to you and your family. James has become increasingly forgetful of facts and names lately and you once found him lost in another part of your familiar neighborhood. On the other hand, James has significant periods of mental clarity, living independently and performing complex mental tasks. For example, he profitably buys and sells collectibles at flea markets and on the Internet. James's family lives far away, and may not know that James is possibly showing early signs of mental instability. You know that a court can determine if someone is mentally incompetent and appoint a guardian to represent that individual. Only then can the guardian enter into binding legal obligations on behalf of the mentally incompetent person. From the perspective of contractual legal capacity, explain the advantages and drawbacks of declaring someone like James incompetent

Answer 1

ANS- Advantages of declaring someone incompetent are given below-

• When someone wants to take care of the incompetent person then declaring them as incompetent allows them to be their legal guardian and look after them legally.
• Court always keeps an eye whether the legal guardian is looking properly after the incompetent person.

Disadvantages of declaring someone incompetent are given below-

• Courts get involved in personal matters and always monitors the legal guardian.
• It takes time by the courts to declare someone as incompetent and then decide who will be the legal guardian.