Title 13, Chapter 3, Section 24
( 13-3-24)
(a) The contract of an insane, a mentally ill, a mentally retarded,
or a mentally incompetent person who has never been adjudicated to
be insane, mentally ill, mentally retarded, or mentally incompetent
to the extent that he is incapable of managing his estate as
prescribed by this Code is not absolutely void but only voidable,
except that a contract made by such person during a lucid interval
is valid without ratification. (b) After the fact that a person is insane, mentally ill, mentally
retarded, or mentally incompetent to the extent that he is incapable
of managing his estate has been established by a court of competent
jurisdiction in this state and the affairs of such person are vested
in a guardian, the power of such person to contract, even though
restored to sanity, shall be entirely gone; any contracts made by
such person shall be absolutely void until the guardianship is
dissolved. One may recover for necessaries furnished an insane
person, a mentally ill person, a mentally retarded person, or a
mentally incompetent person upon the same proof as if furnished to
minors. |