Legal Question in Veterans Law in Virginia

mental incompetency

what is the criteria for mental incompetency

Asked on 1/01/09, 3:50 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

Re: mental incompetency

Perhaps, you mean "mental competency", as opposed to

incompetency. The criteria for such determinations

often depend upon the purpose for which the mental competency test is to be used, but, generally, whether it be for the purpose of determining whether a particular defendant is sufficiently competent to stand trial, be subject to capital punishment, or has the necessary mental wherewithal to execute a valid last will and testament, the standards utilized for such determinations seem to be uniformly quite low.

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Answered on 1/01/09, 4:19 pm

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