MENTAL CAPACITY AND INCOMPETENCY: A PSYCHO-LEGAL PROBLEM

An overall view of the question of mental capacity is presented. The definitions seem to be stating the degree of irrationality or abnormality necessary to invalidate deeds or to require action by society. Each case was decided on a completely individual basis. Furthermore, the law usually looked upon the determination of each specific capacity as an entity unto itself, and thus essentially prevented the development of relations between the various capacities. It seemed to us that further work is indicated along the lines of developing scales to evaluate the degree of illness, as well as the effects of illness upon the performance of life's daily tasks, including the common legal definitions. It is hoped that the reader gained some appreciation of the complexities and difficulties involved in these human interpersonal problems of mental capacity.