Valid signature

indy_man

If a person who is receiving medical treatment, i.e. appointments in a psychiatric hospital, signs a document such as a lease agreement, is that signature valid or can it be called into question?

mrslancaster

If the person signed it why wouldn't it be a valid signature?

indy_man

If they were undergoing psychiatric treatment and they signed away the family farm for example, could a case be made by the family of the patient that it was invalid?

Claw Hammer

https://www.boards.ie/discussion/comment/122242541#Comment_122242541

Is it their farm or the families?

dennyk

https://www.boards.ie/discussion/comment/122242541#Comment_122242541

It would be necessary to prove that the person lacked the capacity to make the decision at the time (which can be a very high bar, as the default presumption is that an adult has the capacity to enter into a contract) and that the other party to the contract was aware of their incapacity and deliberately took advantage of it. The fact that a person is undergoing treatment for a mental illness does not necessarily mean they lack the capacity to make a decision or enter into a contract in a legal sense, nor does the fact that the decision in question might be deemed unwise or undesirable by the person's family. If the contract in question was substantively unfair (e.g. they agreed to sell their property to someone for a fraction of its fair market value), that might make it easier to prove that there was a lack of capacity and the other party knowingly took advantage, but if it was a fair agreement, that claim would be more difficult.

28064212

The question isn't whether the signature is valid, unless you're claiming that it was actually someone else who signed the document. The question is whether the contract is valid. There are numerous reasons why a contract may not be valid. Obvious example: someone holds a gun to my head and tells me to sign away my house. It's a valid signature, it's not a valid contract.

If are actually intending to challenge the validity of a contract, get a solicitor. The exact details are going to be extremely important. No-one here can tell you the legal outcome of a scenario described in less than 40 words.

indy_man

https://www.boards.ie/discussion/comment/122242607#Comment_122242607

In this case its his farm. He leased the land to someone else for a large fee but the farmer was undergoing a lot of stress and psychiatric treatment at the time. Just want to know if the family can make a case that the lease was invalid.

CramCycle

https://www.boards.ie/discussion/comment/122242940#Comment_122242940

Was it a fair price? If it was then it will be hard to make the case, being stressed, presumably financially may lead to poor choices but does not make a person mentally incapable of making such a decision. Also they didn't sign it away, it is a lease, not a sale if I am reading it correctly.

Long story short though, unless there appears to be some sort of duress, which it doesn't look like if he got a "large fee" for it, his treatment was for stress but he was not mentally incapable of making such a choice, then I would be doubtful but a solicitor is the best person to ask.

Does he regret the choice himself or do his family want to force this change on him is a far more relevant question,

Lenar3556

https://www.boards.ie/discussion/comment/122242681#Comment_122242681

Would it be necessary to prove that the other party was aware that I lacked capacity to contract in a particular matter? I wouldn’t have thought that was an essential element - albeit might be helpful.

Peregrinus

A contract can be void if one of the parties was of unsound mind when the contract was formed.

But the threshold for avoiding a contract on this basis is very high. "He was being treated for a mental illness at the time" doesn't come anywhere near that threshhold. At best, it suggests that it might be worth looking further into the mental capacity of the person concerned to see if there is any basis for arguing that the contract is void. The question is not whether your mental illness means you are prone to making poor judgments or acting impulsively; it's whether it is so severe that it prevents you from understanding the nature and purpose of the transaction, So if you know it's a lease, you know what land is being leased, you know what the rent is and what the term is — that's a valid contract.

If one party really lacks the required capacity then it doesn't matter whether the other party knew that or not; the transaction will be void either way. But if the other party has entered into it in good faith and acted upon it they may be entitled to some compensation for what they have done — e.g. if I rent the land, repair the fences, plough it, sow a crop, treat it with fertilizer, etc, and then the lease is set aside, I can look to be paid for the work I have done and for the enhancement in the value of the land that has resulted from that.

Tiger20

Hmmmm…..I am wondering if it is the farm or the individual concerned that the family are more worried about, and if it is stress and anxiety the signee is suffering from and receiving treatment for. If the farm is leased for a high price, then it hardly looks like an unwise or invalid decision, but does look like a disrespected one. I would argue it looks like a sensible decision, with the signee prioritising their health and treatment/recovery for a period of time,with the option to return to farming when the lease expires and their health improves. I am also wondering if the family concerned and their attitude and behaviour towards the individual has any bearing on his current medical situation

indy_man

He is faking a psychiatric condition to get out of doing time for a separate offence he committed.

He signed a lease while this is ongoing that has big implications for his family and neigbours. just wanted to know if there was a way to deme the signing invalid. But it seems its not the case.

dennyk

He is faking a psychiatric condition to get out of doing time for a separate offence he committed.

If he doesn't even actually have a mental illness, then there's zero chance of proving he is incapable of making decisions or entering into a contract.