Can a court ordered mentally incompetent person enter into a credit card contract?

Asked on December 7, 2011 under Bankruptcy Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From my experience a court cannot order anyone to enter into a credit card contract, mentally competent or mentally incompetent. For a court to order someone who is mentally incompetent assuming for the sake of argument that was the order, an incompetent person from a mental standpoint cannot legally enter into a binding contracts under all laws and statutes as to all states in this country.

Assuming a mentally incompetent enters into a contract and was incompetent at the time, the contract can be rescinded (cancelled) by such person.

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