Dissociated Decision-Making: Contract Competency Evaluations of Individuals with Dissociative Identity Disorder

By Andrea Ashburn

Dissociative Identity Disorder (DID) is a mental disorder in which the impacted individual develops multiple independent personality states. The existence of DID calls into question countless existing legal concepts, but the vast majority of existing legal scholarship addressing DID primarily discusses criminal issues. Just as it is to the general population, the ability to enter into enforceable contracts is important to the DID community. Without a legal framework that adequately addresses the unique needs of those with DID, these individuals risk losing their right to contract entirely.

This Note seeks to further expand the discussion of DID to non-criminal issues by (1) presenting background information on DID as a disorder, (2) examining New York mental health contract law doctrine and its standards governing the competency to enter into a contract, and (3) suggesting that an alternative standard apply to individuals with DID.

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