Hypothetically If a inconpasatated adult went out of control and ran off and someone took advantage of him and made him sign something legally binding would it be null and void in court with out his guardian and conservator signature?
This person's guardian/conservator needs to consult with a probate attorney also versed in contract law to examine the facts of this case and whether they should take any steps to void the document. I do not know what it is that the incapacitated person signed, and there may be some slightly different rules/options depending on what it is. However, as a general rule, if a person who lacks "contractual capacity" enters into an agreement, that agreement becomes "voidable."
"Voidable" means that the person who lacked capacity, or their representative, can either end (void) the contract or go ahead with it.
A person with mental illness is generally said to lack contractual capacity if they are unable to understand the nature and consequences of the agreement, or they are unable to act in a reasonable manner in relation to the transaction and the other party has reason to know of their condition.
That being said, just because this person may have a guardian/conservator does not necessarily mean they lacked contractual capacity. It would be that person, or their representative's, burden to prove they lacked capacity.
Submission of this answer does not create an attorney-client relationship. The answer provided is for information purposes only and is not to be interpreted as providing legal services or any form of legal advice. I am licensed only in the State of Colorado.
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