The Ability to Exercise Will Is an Element of Mental Capacity

2018-11-132018-11-1319756 Tex. Tech L. Rev. 1147https://hdl.handle.net/2346/82187Analyzes the issue of whether depression counts for lack of mental capacity and if this mental capacity means that a person has a decreased volitional will. The author introduces the court’s new mental capacity instruction that is formulated to include elements of understanding and ability to control conduct. The traditional test was limited, but the new test contains volitional incompetents in the definition of mental capacity.engMental capacityVolitionalContractsDepressionExercise of willNohra v. EvansCase noteThe Ability to Exercise Will Is an Element of Mental CapacityContracts – Mental Capacity – The Ability to Exercise Will Is an Element of Mental CapacityArticle