Legal Definitions - competency

Definition: Competency refers to a person's mental ability to understand problems and make decisions. It can also refer to a criminal defendant's ability to stand trial, which is measured by their capacity to understand the proceedings, consult with their lawyer, and assist in their defense.

Examples:

• A person with a mental illness may be evaluated for competency to determine if they are able to make decisions about their own care.
• A criminal defendant may undergo a competency evaluation to determine if they are able to stand trial and participate in their defense.

These examples illustrate how competency is used to assess a person's mental ability to make decisions and participate in legal proceedings. It is important to ensure that individuals are competent to make decisions and participate in legal proceedings to ensure fairness and justice.