James B. Nutter & Co. v. Black

This opinion is about the scope of legal protections afforded to individuals who are unable to handle their financial affairs in a responsible manner because of a physical or mental condition. We will use the terms “disabled,” “under a disability,” and “subject to guardianship proceedings” to refer to persons who have been adjudicated by a court to be unable to manage their property and for whom a guardian of the property has been appointed. 1 We will employ the descriptors “incompetent” and “non compos mentis” for individuals who may be unable to manage their property, but who are not…