Before judging whether a person has the mental capacity to sign an agreement, he or she must check whether they have actually provided the correct document. Is the person really subject to the rental obligation or is he really a property occupancy license? It can be a problem, whether or not someone has mental abilities. When documents are provided to clients by local authority officials, it is the responsibility to ensure that any document the person is supposed to sign is an accurate reflection of his or her legal rights. And what about the mistakes nurses could make? From time to time and for the best possible reasons, the professionals who work with these people help them obtain housing for which that person has to make decisions to sign or forfeiving a lease, and professionals cannot verify whether they are actually able to make those decisions. Home / Mental Capacity / Mental Capacity – Rental Contracts The same applies if a person wishes to terminate his lease. The general principle is that someone who is not in a position to enter into a fully binding contract, and that includes a lease. First, an assessment of problem-specific capacity should be carried out – that is, an assessment of their ability to enter into a lease agreement. Only if this is not the case is that an application is possible with the Safeguarding Tribunal. The law limits the signing of legal documents (including a tenancy agreement or termination). But can there be a reliable agreement if the person asking you to sign a contract.
B, for example, knows that you have a state of mind or brain that prevents you from understanding, keeping or weighing (even with the help) of the agreement? In other words, where the person knows that you do not have the mental capacity to conclude the agreement. Alternatively, some experts have asked another person to sign on behalf of the individual who lacks mental capacity, although the other person is not allowed to do so. In some cases, managers have signed assisted housing internships on behalf of a tenant who lacks mental capacity, again without authority. Municipalities must therefore consider whether clients who ask them to sign leases actually benefit from the exclusive use of their housing. If this is not the case, local authorities may ask them to sign licensing agreements (if they have intellectual abilities). People always make deals. Sometimes they are recognized more formally, z.B. when a couple marries, and sometimes less formally, as for example. B the $5 loan by a friend with the promise that it will be returned.