California, United States of America
The following excerpt is from Poindexter v. Poindexter (In re Poindexter), 2d Civ. No. B280160 (Cal. App. 2018):
Although section 2122, subdivision (d) does not define "mental incapacity," Civil Code section 38 provides that a "person entirely without understanding has no power to make a contract of any kind." "[E]ntirely without understanding" has been construed as the inability to understand the nature, purpose and effect of the transaction in which the person is engaged. (Burgess v. Security-First Nat'l Bank (1941) 44 Cal.App.2d 808, 818.)
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