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Sections

Guardianship | Competency to Make Medical Decisions | Testamentary Capacity | Capacity to Contract | Testimonial Capacity | Firearms Capacity | Conclusion | References

Excerpt

Capacity (in clinical terms) or competence (in legal terms) refers to whether a person has the necessary abilities to adequately make a specific decision (such as to refuse psychiatric treatment) or complete a specific task (such as writing a will). Individuals are not incompetent simply because they have a mental illness. In clinical evaluations and as a matter of law, adults are presumed to be competent until adjudicated otherwise.

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