adj. 1) in general, able to act in the circumstances, including the ability to perform
a job or occupation, or to reason or make decisions. 2) in wills, trusts and contracts,
sufficiently mentally able to understand and execute a document. To be competent
to make a will a person must understand what a will is, what he/she owns (although
forgetting a few items among many does not show incompetency), and who are relatives
who would normally inherit ("the natural objects of his/her bounty") such as children
and spouse (although forgetting a child in a will is not automatic proof of lack
of competency, since it may be intentional or the child has been long gone). 3)
in criminal law, sufficiently mentally able to stand trial, if he/she understands
the proceedings and can rationally deal with his/her lawyer. This is often broadly
interpreted by psychiatrists whose testimony may persuade a court that a party is
too psychotic to be tried. If the court finds incompetency then the defendant may
be sent to a state mental facility until such time as he/she regains sanity. At
that time a trial may be held, but this is rare. 4) in evidence, "competent" means
"relevant" and/or "material. " Lawyers often make the objection to evidence "incompetent,
irrelevant and immaterial" to cover all bases.
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