Competence (law)

In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. The word incompetent is used to describe persons who should not undergo certain judicial processes, and also for those who lack mental capacity to make contracts, handle their financial and other personal matters such as consenting to medical treatment, etc. and need a legal guardian to handle their affairs.In the laws of England and Wales, Scotland, and Ireland, the term 'fitness to plead' is used, as in designating a person 'unfit to plead'. The concept is identical to 'competence', although detailed law differs.