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Ch 11 Dynamic for Reflection

Ch 11 Dynamic for Reflection

Q Ortelere, a retired teacher, has built up a substantial amount of funds in her retirement plan before she retired because of "involutional psychosis" (a form of mental illness). She has previously specified that a lowered monthly retirement benefit would be paid to her so that her husband would get some benefit from the retirement plan if she died before he did. After her mental problems began, she changed her payout plan and borrowed from the pension fund. As a consequence of the changes she made, her husband lost his rights to benefit. Two months after she made the changes, she died. The husband sued to reverse the changes his wife made, claiming she was not of sound mind when she made them. Will the changes in the plan be voided? Explain your answer. (in our previous chapter you really have nothing to go on other than did the promisor 'comprehend' the bargain, in our current chapter on 'competent parties' we would ask was promisor 'competent' to make this modification? Very similar concept, new term, same facts.) Also, can you see what the 'competency hearing' does for your case?

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I feel that it is extremely difficult and never easy for a court of law to decide whether Ortelere had actually been mentally incompetent or she had actually comprehended the changes she was making because she had the thought and the consideration in mind that she would be obtaining losses continuously from her expected payments from her pension. Therefore, she was not feeling good about the fact that her losses were continuing to exist during the time when she should have been saving and obtaining profits and interest from her pension fund.