1. "Incapacitated" means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. "Meeting the essential requirements for physical health and safety" means those actions necessary to. Marriage Requirements: Capacity. Capacity generally refers to the mental ability of one or both of the parties to the marriage to agree to become spouses. Both parties must be of "sound" mind and capable of agreeing to the marriage. Not all forms of mental illness and insanity serve to render someone incapable of entering into a marriage.
guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person's actual mental and physical limitations. ORS 125.300(1). Under Oregon law, a judge can appoint an adult to make important decisions. For another example of minors entering into contracts, see Nolo's Q&A Is a 15-year-old's contract with a cell phone service valid? Mental Incapacity. A person who lacks mental capacity can void, or have a guardian void, most contracts (except contracts for necessities). In most states, the standard for mental capacity is whether the party Author: Richard Stim, Attorney.
Incapacitated adult means any adult belonging to the age group 18 and above and who is impaired both physically and mentally by reason of mental illness, mental deficiency, physical illness or disability to the extent that s/he is unable to understand or communicate responsible decisions concerning his/her person, or to the extent the adult cannot effectively manage or apply his/her estate to. Despite Guardianship, Ward May Have Capacity to Marry (of the estate) to file a divorce proceeding “for” an incapacitated adult. The question that comes up more often from our clients is a little different, though. The level of capacity required to enter into a marriage agreement is not exactly the same as the level of capacity.
(4) A marriage license must contain the following statement:?Neither you nor your spouse is the property of the other. The laws of the State of Oregon affirm your right to enter into marriage and at the same time to live within the marriage free from violence and abuse.? Committed to Public Service. We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access.
In entering this decision, the court wrote that "[s]uch standing is inherent in the guardian's responsibility for protecting the rights of the ward." Id. The court reached this conclusion even though no statute specifically authorized the action. A statute did provide, however, that an insane person was incapable of entering into a marriage. Oregon is a no-fault state, with only one ground for divorce.A judgment for the dissolution of a marriage/domestic partnership or a permanent or unlimited separation may be granted when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage/domestic partnership.