Contractual Capacity: What It Takes To Sign A Valid Contract
Undue Influence: When Suggestions About Changing A Will Turn To Coercion
A 90-year-old woman with moderate dementia signs a contract to buy a new car. A man with Schizophrenia wants to buy his first house. A woman with severe mania signs divorce documents.
Are any of these contracts legal in Colorado? Or, would an attorney have a strong case to argue that any of these individuals did not have the capacity to sign a valid contract?
Testamentary capacity and being “of sound mind” is an easy hurdle to clear. Many times, though, the idea of undue influence is not explored when contesting a person’s last will and testament. Colorado law has a lot to say about this issue.