adj. 1) referring to a person who is not able to manage his/her affairs due to mental
deficiency (low I. Q. , deterioration, illness or psychosis) or sometimes physical
disability. Being incompetent can be the basis for appointment of a guardian or
conservator (after a hearing in which the party who may be found to be incompetent
has been interviewed by a court investigator and is present and/or represented by
an attorney) to handle his/her person and/or affairs (often called "estate"). 2)
in criminal law, the inability to understand the nature of a trial. In these cases
the defendant is usually institutionalized until such time as he/she regains sanity
and can be tried. 3) a generalized reference to evidence which cannot be introduced
because it violates various rules against being allowed, particularly because it
has no bearing on the case. It may be irrelevant (not sufficiently significant)
or immaterial (does not matter to the issues).
See also conservatee conservator guardian incompetency incompetent evidence
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