Incompetency Law and Legal Definition
The plain meaning of the term incompetency is the lack of physical or intellectual ability or qualifications. Legally, it means the lack of legal ability in some respect especially to stand trial or testify.
Incompetency is a term that has varied meanings in law.
1) When it is used to describe the mental condition of a person subject to legal proceedings, it means the person is neither able to understand the nature and consequences of the proceedings nor able to help an attorney with his/her defense. A person who is diagnosed as being mentally ill, mentally retarded, senile, or suffering from some other illness that prevents him/her from managing his/her own affairs may be declared mentally incompetent by a court of law.
2) When it is used to describe the legal qualification of a person, it means the person does not have the legal capacity to enter into a contract. A person who agrees to a transaction should possess complete legal capacity to become liable for duties under the contract.
3) When it is used to describe a professional duty or obligation, it means that the person has failed to meet the duties required of that profession.
