Legal Question in Civil Litigation in New York
Executed Release by a mentally disabled person
Can a mentally disabled individual, who has not been adjudicated as such, execute a waiver and/or release of civil liability that includes any and all actions in the future? I have a client who has been diagnosed with schizophrenia and was directed by his counsel, at that time, to execute a release. His subsequent medicals indicate that the schizophrenia, from which he suffers, was directly related to above-mentioned cause of action. Is there anyway around his executing a release to same? Kindly advise.
Asked on 1/16/98, 6:28 pm
1 Answer from Attorneys
William G Osta
Schenectady County Attorney
Invalidation of release by schizophrenic individual
An incapacitated individual can not execute a release of liability.
Answered on 1/16/98, 6:28 pm
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