Legal Definitions - faculties

In legal terms, the word faculties can refer to two distinct concepts:

• 1. A special authorization or privilege granted to an individual or organization, allowing them to perform an action or exercise a right that would otherwise be restricted or prohibited.
• 2. An individual's capacity or ability, most commonly referring to their financial means to meet obligations, or their mental competence to make decisions.

Here are some examples illustrating these meanings:

• Example 1 (Authorization): Imagine a local historical society that wishes to convert a protected landmark building into a modern community center. Local zoning ordinances typically prohibit significant structural changes to such historical properties. The society might apply for a special "faculty" from the city's historical preservation board. This faculty would be a specific authorization allowing them to proceed with the renovation plans, provided they adhere to strict guidelines for maintaining the building's historical integrity. This demonstrates faculties as a special permission to do something otherwise restricted.

• Example 2 (Financial Capacity): In a divorce proceeding, when a court is determining spousal support (alimony), it must assess the financial ability of the spouse who will be paying. The court will examine that spouse's "faculties," meaning their financial capacity, by reviewing their income, assets, debts, and necessary living expenses. This assessment helps the judge establish a fair and sustainable support order. Here, faculties refers to the individual's financial means.

• Example 3 (Mental Capacity): An elderly person, whose cognitive abilities are reportedly declining, wants to make significant changes to their estate plan. Concerned family members might petition a court to evaluate the individual's "mental faculties." The court would then determine if the person possesses the necessary mental competence to understand the nature and consequences of their decisions, and therefore has the legal capacity to execute a new will or trust. In this context, faculties refers to mental ability or competence.