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Incapacity
The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. Capacity is an aspect of status and both are defined by a person's personal law:
- for natural persons, the law of domicile or lex domicilii in common law states, and either the law of nationality or lex patriae, or of habitual residence in civil law states;
- for artificial persons, the law of the place of incorporation, the lex incorporationis for companies while other forms of business entity derive their capacity either from the law of the place in which they were formed or the laws of the states in which they establish a presence for trading purposes depending on the nature of the entity and the transactions entered into.
When the law limits or bars a person from engaging in specified activities, any agreements or contracts to do so are either voidable or void for incapacity. Sometimes such legal incapacity is referred to as incompetence. For comparison, see Competence (law).
California Court Holds that Settlor Incapacity Removal Requires Doctor to Review Incapacity Letters
In Rands v. Rands, 178 Cal. App. 4th 907 (App. Ct. 2009), the trust provided that settlor?s incapacity could be established by the certification of two physicians, and the revocation of such certification could be accomplished by the certification of...
Incapacity During Divorce Proceedings
If a person becomes incapacitated during a divorce proceeding, a guardian should be appointed by the Court in order to properly to govern the individual and their property...
ABA publishes Spanish-language materials on planning for incapacity
In 2003, the ABA Commission on Law and Aging produced a Spanish version of its most popular consumer brochure Health and Financial Decisions: Legal Tools for Preserving Your Personal Autonomy...
Financial planning documents may become crucial in the event of disappearance or incapacity
In Asset Management in Absentia, published in the March 2008 issue of The Estate Analyst, Robert L. Moshman, Esq. discusses some of the lessons learned from the recent events of disappearance of Steve Fossett and appointment of conservator for Britney...
Incapacity benefit claimaints lose incentive to stay sick - The Times
“Incentives that encourage people to stay on incapacity benefit were scrapped yesterday in the latest stage of the Government?s welfare reform package...
Mental Incapacity Excuses Debtor From Credit Counseling; Prior History Proves Insufficient Grounds for Dismissal
Judge Robert Jones from the Northern District of Texas was recently faced with a situation which looked like an easy candidate for dismissal...
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