Tuesday, February 24, 2009

What is mental competency?

The word competency has various common usage meanings but it also has some strict legal meanings as well. In court, the word is used in two completely different ways. In one way, competency refers to the a witnesses characteristics that render the witness legally fit and qualified to give testimony. In another sense, competency refers to the ability of a person to make sound and reasonable decisions and judgment.

In the second of the two legal meanings, a person can only be adjudged incompetent after a hearing in the court. This type of competency hearing may occur in both civil and criminal proceedings. If a person is accused of a crime and found incompetent to cooperate in his or her own defense, the court may rule the person incompetent and commit the person to custodial care, usually in a mental institution until they are found competent enough to stand for trial.

In our aging society, the civil competency hearing is becoming more common. Usually, a person's competency is being questioned by friends or relatives who have observed that the person can no longer care for himself or herself. This court hearing may occur when someone seeks to become the guardian or conservator of the incompetent person. Usually, in that context, the court appoints an attorney to represent the incompetent person and orders a medical evaluation.

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