Competency or Capacity

Whether or not a person is able to make informed choices about their legal claims, living situation, finances, or health care. A judge must hold a hearing (no jury involved) and be given convincing evidence that the person cannot make informed choices. People who lack the ability to make these choices are called “incompetent” or “incapacitated” and may not be required to testify or participate in their case to the extent a competent person would be.