Freedom Of Contract And The Mentally Ill

Freedom of Contract and the Mentally Ill and Guardianships By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar Some argue, wrongly, that the Mentally Ill lack Contractual Capacity, and thus have no Power to Contract.

On the Merits, Contractual Capacity simply means that the

person is question must understand a Bargained for Exchange. This simply means that the person must understand that in exchange for money, the person will receive back some goods or services as a bargained for exchange. Even most 6 year old kids can understand this. If there is a problem with a person being cheated, then the courts can intervene in Equity. Additionally, the Contract Clause of the United States Constitution, guarantees that every person has the Right to Contract; this includes the Mentally Ill. Finally, a Guardian cannot interfere with the Right of a Ward to Contract. Thus, a Guardian cannot prevent a Ward from having a Bank Account or a Credit Card.