Someone is considered incompetent when they are unable to manage their own affairs due to mental incapacity (such as deterioration or psychosis) or sometimes due to a serious physical disability. Incompetence can be used to appoint a guardian or conservator to manage the affairs of the incapacitated person.
In criminal law, someone is incompetent when they are unable to comprehend the essence of a trial; and therefore, are ineligible to testify or stand trial. In these circ*mstances, the incapacitated defendant is typically institutionalized, or otherwise remanded to treatment, until they recover their mental capacity and are ready to stand trial.
Incompetent is also a broad term for evidence that is not acceptable in a court of law. It could be irrelevant (not substantial enough) or immaterial (does not matter to the issues at hand).
[Last updated in March of 2022 by the Wex Definitions Team]
