Lawintermediate
According to the notes, which considerations form the general competency test under section 175(1)? Select ALL that apply.
Answer
Whether the person understands questions put to them, Whether the person can give rational answers, Whether a relevant impairment prevents understanding or rational answers
Explanation
The stated test focuses on understanding questions and giving rational answers, including whether tender years, extreme old age, disease, or a similar cause prevents those abilities. Party status alone does not determine competency. **Key takeaway:** Competency is assessed functionally, not by status alone. **Glossary:** Rational answer: an answer showing an ability to understand and respond coherently to the question.
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