A more thorough explanation:

Incompetency refers to a lack of physical or intellectual ability, or being deemed unqualified to do something or take responsibility. This inability is often caused by a mental illness or disability.

Legal Representative: If someone is deemed incompetent, they need a representative to sue or defend on their behalf. This representative can be a general guardian, committee, conservator, or similar fiduciary. If they do not have a representative, the court must appoint a guardian ad litem or issue another appropriate order to protect them.

Diversity: Appointing representatives from different states than those deemed incompetent cannot create diversity, as the legal representatives are considered residents of the same state.

Default of Judgment: If defendants fail to plead or defend, plaintiffs can request an entry of default. However, those deemed incompetent cannot be entered into a default against themselves. A default judgment may only be entered when the incompetents are represented by a guardian, conservator, or fiduciary who has appeared.

Termination of Offer: The offer can be terminated because of the incapacity of a party prior to acceptance. This means that the offeree loses the power to accept if the offeree or the offeror is deprived of legal capacity to enter the contract, even if the offer is irrevocable. However, there are exceptions if it’s an option contract or a partly performed unilateral contract.

Defense to Contract: Mental incompetents lack the capacity to understand the contract. A contract with someone deemed incompetent is voidable unless the contract involves a person who has legal guardianship of them. If the incompetent person continues to retain benefits, the contract gets implied affirmed. If the incompetent person later gains capacity, they can ratify the contract.

Rape: Actus Reus of rape exists if a victim is incompetent to give consent.

Competence to Stand Trial: The incompetency of defendants to stand trial depends on their mental state at the time of the trial. It’s the prosecution’s burden to prove competency by a preponderance of the evidence.

Competency of Witness: An interested party is deemed to be incompetent to testify in support of his or her own interest against the decedent concerning communications or transactions between them (State Dead Man’s Statute). A waiver is applied if the testimony of the decedent gets before the jury through deposition of the decedent taken before he died.

Transfer by Deed: The delivery of a deed represents that the grantor intends to be immediately bound. Delivery is usually complete once the grantor places the deed in the grantee’s hand. While delivery through an escrow agent is also allowed. The grantor gives instructions to deliver the deed to the grantee, and the instruction includes certain conditions. Once these conditions are met, the title will automatically pass from the escrow agent to the grantee. Even if the grantor becomes incompetent before the conditions are met, the title will still pass.

Standard of Care of Negligence: Professionals with special skills who provide special services to the public have a special standard of care (based on custom or a national standard) when justifying their negligence. For specialists, they have a duty to disclose the risk of treatment. If they fail, they must take responsibility. One defense of disclosing is that the patient/client is mentally incompetent.

These examples illustrate how incompetency can affect various legal areas, such as civil procedure, contract law, criminal law, evidence, property law, and tort law. In each area, incompetency can impact the ability of individuals to participate in legal proceedings, enter into contracts, or provide testimony. It is important to consider the legal implications of incompetency and ensure that individuals who are deemed incompetent are protected and represented appropriately.