Orlando, FL asked in Contracts and Landlord - Tenant for Florida

Q: Son has documented diminished mental capacity. Our apt mgr not allow us to sign a new lease unless he signs. HEL

Is thete a Florida Statue that we can show them to prove that a mentall incompetent person can not sign a contract?

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Not sure what you mean by documented. If by it you mean that he has been declared incompetent and a court has appointed you are guardian. Then show them the order appointing you as guardian.

Not sure if this helps but hope so.

Steve Louis-Charles agrees with this answer

Steve Louis-Charles
Steve Louis-Charles pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: That is correct. Mentally incompetent persons cannot sign contracts and a court order declaring your son mentally incompetent and/or appointing you as guardian should suffice. In either case, even if your son were to sign the lease/contract it would be legally unenforceable against him by the apartment complex.

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