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Mental competence to sign contract?

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travistee

Member
What is the name of your state (only U.S. law)? CT

A model signed model releases, then claimed that she was not competent to sign because of her mental illness and that she did not know what she was doing at the time because of the medications she was on, even though she says she appeared to be lucid. :eek:

Now we agreed that she will pay us not to use the images, and are working out the details of a contract (release and settlement).

Do I have to take any precautions to ensure that she doesn't claim in the future that her signature on this contract is invalid due to her being incompetent again? :cool:
Possible thougts; Should her psychiatrist sign it to say she is competent to sign? Should her attorney sign it to verify she is competent?

She has an attorney that is letting me talk to her directly to work out the details. Then we will have both of our attorneys review the completed contract before it is signed.
 


tranquility

Senior Member
You can't fix this for cheap. See an attorney for ideas. To get the guarantees you want will cost you thousands in expert fees.
 

travistee

Member
I think we are close to completing this. I don't think we will need medical experts since we plan to settle it quickly.

I forgot to say that in the initial letter from her lawyer, he implied that she may have been incompetent at the time she signed the releases but he did say that she is ok (competent) now.

Is that enough to just let her sign it, or should I have something extra like a letter from her psychiatrist?

I feel like I it would be offensive to ask for a letter from her psychiatrist but I also think it makes sense.
 

tranquility

Senior Member
The letter from a psychriast will not help you much if things go bad. If the only cost is asking, you might as well. But, if asking hurts you otherwise (like your reputation in the community as being a swell guy), don't bother.
 

travistee

Member
I don't think anyone in the community will ever hear of this. Nobody wants to make this public.
I'm looking for ideas before bringing it to my attorney to finalize it.
 

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