Legal Definitions - ab agendo

Ab agendo is a Latin legal term used to describe a person who is legally unable to act or conduct business. It signifies that an individual is incapacitated from engaging in transactions or making decisions that would have legal effect, often due to a lack of mental capacity, age, or other legal disability.

Here are some examples illustrating the concept of ab agendo:

• Example 1: Mental Incapacity

  An elderly individual suffering from advanced dementia attempts to sign a complex financial agreement to sell a significant portion of their assets. Due to their severe cognitive impairment, they are considered ab agendo for such a transaction. They lack the mental capacity to understand the terms, implications, and consequences of the agreement, rendering them legally unable to complete the transaction.

• Example 2: Legal Minority

  A 16-year-old tries to enter into a legally binding contract to purchase a house. In most jurisdictions, individuals under the age of 18 are considered minors and lack the full legal capacity to enter into such significant contracts. Therefore, the 16-year-old is ab agendo for this type of transaction, meaning they are legally incapacitated from forming a valid, enforceable contract for real estate.

• Example 3: Court-Declared Incompetence

  A court has formally declared an adult individual to be legally incompetent due to a severe brain injury, appointing a guardian to manage their affairs. Following this court order, the individual is deemed ab agendo for all significant legal and financial transactions. They are legally incapacitated from making decisions about their property, finances, or other contractual matters, as the court has determined they lack the capacity to do so responsibly.