Legal Definitions - facile

In Scots law, the term facile describes an individual who, due to a mental vulnerability or impairment, is highly susceptible to being influenced or taken advantage of by others. This susceptibility is so significant that the person requires legal safeguards, such as the appointment of a guardian or other protective measures, to ensure their well-being and prevent exploitation.

Here are some examples to illustrate this concept:

• Example 1: An Elderly Person with Cognitive Decline

  Mrs. Henderson, an elderly widow, has begun to experience early-stage dementia. A new acquaintance, Mr. Smith, starts visiting her frequently, offering "help" with her finances. Over several weeks, he gradually convinces her to sign documents transferring ownership of her valuable antique collection to him for a fraction of its true worth, promising to "manage" it for her. Mrs. Henderson, due to her cognitive decline, is unable to fully grasp the implications of these transactions.

  How this illustrates "facile": Mrs. Henderson's early-stage dementia makes her mentally vulnerable and highly susceptible to Mr. Smith's persuasive tactics. Her "facile" state means she is easily influenced and exploited, highlighting the need for legal protection, such as a guardianship, to safeguard her assets and prevent further manipulation.

• Example 2: A Young Adult with a Learning Disability

  David, a young man with a mild intellectual disability, lives independently but struggles with complex financial decisions and often trusts people too readily. A distant relative persuades him to invest a significant portion of his recent inheritance in a dubious business scheme, promising unrealistic and guaranteed returns. David, trusting the relative and not fully understanding the risks involved, agrees to the investment.

  How this illustrates "facile": David's intellectual disability makes him "facile," meaning he is easily influenced and vulnerable to manipulation, especially in financial matters. This situation demonstrates why legal protection, such as a guardian or a power of attorney, might be necessary to safeguard his assets and ensure his financial decisions are made in his best interest.

• Example 3: A Person Recovering from Severe Illness

  After suffering a severe stroke, Mr. Campbell is recovering in the hospital but is temporarily very confused, disoriented, and emotionally fragile. During this period, a neighbor who frequently visits him convinces him to change his will, leaving a substantial portion of his estate to the neighbor, despite Mr. Campbell having close family members who were previously the sole beneficiaries.

  How this illustrates "facile": Mr. Campbell's post-stroke mental state renders him "facile" – highly susceptible to influence due to his temporary vulnerability and impaired judgment. This situation would raise serious legal concerns about whether he was capable of making such a significant decision freely and without undue influence, potentially leading to legal action to protect his true intentions and assets.