Full question:
If a man is considered to be cognitive and that only his body is unable to function and he wants to enter into a legally binding contract, what are his options? He has moderate movement of his right arm, and nodding and shaking back and forth movements of his head - but no speech ability.
- Category: Contracts
- Date:
- State: California
Answer:
A person must have the capacity to enter into a legally binding contract. This generally means they must understand the nature and consequences of the agreement. In cases where a person has cognitive awareness but limited physical ability, such as the ability to nod or shake their head, they may still be able to express their consent to a contract.
Options for entering into a contract may include:
- Using assistive technology or communication devices to convey their agreement.
- Having a legally appointed guardian or advocate who can act on their behalf.
- Utilizing a notary or witness who can confirm their intent and understanding.
It's important to consult with a legal professional to ensure that any agreement is valid and enforceable under the law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.