# Incompetency Agreement Contract
**This Incompetency Agreement ("Agreement") is made and entered into as of [Date] by and between:**
**[Full Name of Party A]**
**Address:** [Address of Party A]
**City, State, Zip:** [City, State, Zip]
**Email:** [Email of Party A]
**Phone:** [Phone Number of Party A]
**(hereinafter referred to as "Party A")**
AND
**[Full Name of Party B]**
**Address:** [Address of Party B]
**City, State, Zip:** [City, State, Zip]
**Email:** [Email of Party B]
**Phone:** [Phone Number of Party B]
**(hereinafter referred to as "Party B")**
## RECITALS
WHEREAS, Party A asserts that Party B is incompetent to enter into contracts due to [specific reasons such as mental incapacity, or any disabilities, etc.]; and
WHEREAS, both parties desire to clarify their understanding regarding Party B's competency and agree to certain terms in relation to this matter;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
## 1. DEFINITION OF INCOMPETENCY
For the purposes of this Agreement, "incompetency" shall refer to the inability of Party B to make informed decisions or to understand the nature and consequences of contractual obligations due to [specific reason/condition].
## 2. ACKNOWLEDGEMENT OF INCOMPETENCY
Party B acknowledges and agrees that they currently are unable to comprehend and execute legally binding contracts effectively. Party B understands that this agreement serves to protect their interests and guide their interactions regarding legal documents.
## 3. REPRESENTATION AND WARRANTIES
- **Party A's Representation:**
Party A represents that they have conducted a reasonable inquiry into the competence of Party B and believe that Party B is currently incompetent as defined in Section 1 of this Agreement.
- **Party B's Representation:**
Party B represents that they understand and agree to the terms of this Agreement and the implications of their current state of incompetency.
## 4. LIMITATIONS OF CONSENT
Party B agrees that any contract or agreement executed during the period of their declared incompetency shall be deemed void and unenforceable. Party A shall not be held liable for contracts entered into by Party B during this time.
## 5. DURATION
This Agreement shall remain in effect until [specify duration or condition for termination, e.g., until Party B regains competency as determined by a qualified professional].
## 6. DISPUTE RESOLUTION
In the event of any disputes arising out of this Agreement, the parties agree first to attempt resolution through informal negotiation. Should negotiations fail, the parties agree to resolve the dispute through mediation before seeking legal recourse.
## 7. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
## 8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior written or oral agreements, understandings, and representations.
## 9. AMENDMENT
This Agreement may not be modified or amended except in writing signed by both parties.
## IN WITNESS WHEREOF, the parties hereto have executed this Incompetency Agreement as of the day and year first above written.
_____________________________
**[Name of Party A]**
**Date:** [Date]
_____________________________
**[Name of Party B]**
**Date:** [Date]
_____________________________
**Witness:**
**Date:** [Date]
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**Note:** This document is a sample template and should be tailored to meet the specific legal requirements and circumstances of each party involved. It is recommended that both parties seek legal counsel before entering into any legal agreement.