elder law

Abuse is an action that intentionally causes harm or injures another person. This can refer to physical abuse, psychological abuse, mental abuse, or child abuse (see below). 

Abuse is also to misuse something—e.g., abuse of process. 

An advanced directive is defined as a legal document that takes effect if one cannot make decisions due to illness or incapacity. Several different types of advance directives exist. Some, such as a living will, give instructions on which measures can be used to prolong life.  Others simply name a surrogate decision-maker for medical questions. Different

Agency law is a common law doctrine controlling relationships between agents and principals. A principal-agent relationship is created when the agent is given authority to act on behalf of the principal.

An agent is a person authorized to act on behalf of another person. The party an agent is authorized to act for is known as the principal. A principal-agent relationship can either be intentionally created or created by implication through one’s actions. 

For further information, see Agency Law. 

Competence is the capacity or minimal ability to do something; the mental and physical ability to carry out a given task. A few examples are: competence to stand trial, competence to be executed, competence to hold public office, and competence to practice law. While context determines the specific inquiry, the foundational requirement, common to all measures of competence, is a basic awareness of one’s identity, condition, surroundings, and the identity of others. See also: competent.

The term competent is used in various legal contexts, including procedure, evidence, and employment. More generally, it refers to the ability to act in the circumstances, including the ability to perform a job or occupation, the capacity to reason, or to make decisions.

Compos mentis is Latin for “having control/mastery of one’s mind.” The term is used to describe individuals who are of sound mind; those who are mentally competent and capable of managing their own affairs; those who have use of and control over their mental faculties.

The opposite term is non compos mentis. 

Consent means that a person voluntarily and willfully agrees in response to another person's proposition. The person who consents must possess sufficient mental capacity.

A conservatee is a person deemed incompetent by a court and, therefore, a court appointed conservator handles their financial and/or other daily life affairs.