Mental competence - sustany/dvg GitHub Wiki

Mental competency refers to a person�s ability to make rational decisions and express themselves. In the legal context, mental competency means a person�s capacity to understand the basic nature and purpose of court proceedings, his/her roles with respect to other parties in the courtrooms and possible legal consequences of his/her actions.

In the U.S. the laws presume that all adults are mentally competent to make decisions and to be responsible for their acts or decisions, which recognizes people�s capacity to understand the legal consequences of their actions. The party who challenges this presumption bears the burden to prove that a person is more likely than not to be mentally incompetent. The party who claims the person is mentally incompetent may ask the court to order a mental competency evaluation carried out either by psychologist or psychiatrist.

The mere diagnosis of a mental or physical disorder may not be sufficient in itself to support a judicial determination that a person is mentally incompetent. Court usually take into consideration a totality of circumstances, including the frequency, severity, and duration of a person�s mental handicap.