Incompetence is a legal term applied to people who, because of their age or a mental disability, are found by a court to be unable to act for themselves in a legal capacity. Incompetence is sometimes referred to as incapacity. Someone found to be incompetent does not have the legal capacity to make contracts, to control or sell property, to stand trial, or to act as a witness. There are legal procedures for declaring a person incompetent and for appointing a guardian to take custody of the person and provide support.
In the United States, the legal age of adulthood is 18 in most states. People under that legal age are considered incompetent to make contracts, except in some instances for such necessaries as food, shelter, and clothing.
In another situation, a person so drunk or drugged as to be incapable of understanding a contract is also treated as incompetent regarding a contract if the other party had knowledge of this condition. Often, however, courts are reluctant to recognize incapacity in this situation.
