The question of what age group lacks capacity is not as simple as defining a single period of life. Capacity is a decision-specific concept, meaning a person might have the capacity to make some choices but not others. The law, therefore, establishes different standards for individuals at various life stages, primarily focusing on minors and older adults.
Lack of Capacity in Minors
For individuals under the age of majority, typically 18, a lack of capacity is largely presumed by law, particularly concerning contractual agreements. This is a protective measure designed to shield young people who may not have the experience or maturity to fully understand the consequences of their commitments. The legal term for this is 'infancy' or 'minority,' and it gives minors significant protections when entering into legal transactions.
- Voidable Contracts: Contracts signed by minors are typically voidable, which means the minor can choose to cancel or affirm the contract, usually up to a reasonable time after they reach the age of majority. The adult party, however, is bound by the agreement. This provides a powerful 'shield' for the minor, preventing them from being exploited.
- Exceptions for Necessities: There are exceptions for 'necessaries,' such as contracts for food, clothing, shelter, and some medical services. These contracts are generally enforceable against a minor to ensure they can obtain basic life necessities.
- Medical Consent: In most states, parental or guardian consent is required for a minor's medical treatment. However, many jurisdictions recognize exceptions, such as for mature minors (those deemed capable of making their own decisions), emancipated minors, or for specific types of care like reproductive health or substance abuse treatment.
- Financial Decisions: Until a minor reaches the age of majority, their parents or legal guardians are responsible for managing their financial affairs. Upon turning 18, they gain the right to manage their own money, though many may lack the necessary financial literacy.
Diminished Capacity in Older Adults
Unlike minors, older adults are presumed to have capacity. A lack of capacity in this age group is typically not assumed and must be determined on an individual basis, often as the result of a progressive or temporary condition. The assessment focuses on a person's functional ability to make specific decisions, rather than a blanket judgment based on age.
- Causes of Decline: A variety of conditions can lead to diminished capacity in older adults, including dementia, stroke, severe depression, or delirium caused by infection. This can affect their ability to manage finances, make healthcare decisions, or live independently.
- Capacity Assessments: A formal capacity assessment may be conducted by a physician, psychologist, or other qualified professional to evaluate an older adult's cognitive abilities, such as understanding information, weighing risks, and communicating their decision. This can help determine the need for a guardian or conservator if capacity is found lacking.
- Preserving Autonomy: The goal of a capacity assessment is to preserve an individual's autonomy as much as possible. A person may be deemed to lack capacity for complex financial matters but retain the ability to make choices about their personal care or daily routine.
- Legal Protections: For older adults, legal tools like a power of attorney or conservatorship can be established to ensure their financial and medical decisions are managed according to their best interests if capacity is lost. Planning ahead with such documents while capacity is still intact is highly recommended.
Comparison of Capacity Issues Across Age Groups
| Feature | Minors (Under Age of Majority) | Older Adults (Age-Related Decline) |
|---|---|---|
| Presumption of Capacity | Largely presumed to lack capacity for major decisions. | Presumed to have capacity; must be disproven. |
| Basis for Incapacity | Age itself, due to a perceived lack of maturity and experience. | Functional decline due to cognitive or physical impairment (e.g., dementia, stroke). |
| Legal Protections | Primarily protected by the voidability of contracts, with exceptions for necessities. | Protected by legal mechanisms like power of attorney or conservatorship. |
| Medical Decisions | Typically require parental or guardian consent, though some exceptions exist. | Individuals are the decision-makers unless a formal capacity assessment determines otherwise. |
| Goal of Intervention | To protect minors from exploitation during a period of developmental immaturity. | To protect vulnerable individuals while maximizing their remaining autonomy. |
Conclusion
Understanding what age group lacks capacity requires a nuanced perspective that moves beyond simple chronological age. For minors, the law provides blanket protections based on developmental stage, allowing for the voidability of contracts to prevent exploitation. In contrast, for older adults, the presumption is capacity, with diminished capacity only identified through specific functional assessments, often triggered by cognitive or physical decline. Ultimately, the legal and medical systems aim to balance the protection of vulnerable individuals with the respect for personal autonomy, ensuring that any determination of capacity is specific to the individual and the decision at hand.
Learn More
For additional information on assessing capacity in older adults, the Department of Justice offers a helpful Capacity Resource Guide.
