Minor Legal Documentation

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Commonly Asked Questions about Minor Legal Documentation

Is a minors signature legally binding?

All parties to a contract must have the legal ability to do so for the agreement to be valid. Minors (who, in California and many other jurisdictions, are under the age of 18) are deemed to lack the mental capacity required to enter into binding agreements under the law.

What would a minor be considered?

In the United States as of 1971, minor is generally legally defined as a person under the age of 18. However, in the context of alcohol or gambling laws (see legal drinking age and gambling age), people under the age of 21 may also sometimes be referred to as minors.

At what age can a child emancipate themselves in NY?

Until What Age Must a Parent Support a Child? In New York state, a parent must support their child until the child is 21 years of age or becomes emancipated. How Old Does a Minor Have to Be, to Be Emancipated? A minor must be at least 16 years of age to be emancipated.

Is a contract with a minor void or voidable?

For most contracts, the general rule is that while its not illegal to enter into a contract with a minor, the contract is voidable at the discretion of the minor. Voidable contracts are usually valid contracts and are binding unless the child cancels it.

Are minors considered competent parties?

Minors, the mentally impaired, and those under the influence of alcohol or drugs are not considered competent parties. Minors are generally deemed as not having the knowledge necessary to understand the ramifications of a legal contract yet.

Is a minor legally competent?

Contractual capacity refers to the mental competence to understand the agreement. A minor is an individual who has not attained maturity or is under 18. The law recognizes a minor as lacking the capacity to contract. Therefore, contracts with a minor are voidable.

Do minors have contractual capacity?

Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.