Hawaii Revised Statutes 580-26 – Lack of mental capacity
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Terms Used In Hawaii Revised Statutes 580-26
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
The marriage of a person who lacked the mental capacity to consent to the marriage may be annulled on the application of either party, or on the application of a guardian of the party who lacked capacity; provided that no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as a married couple after the party who lacked mental capacity attained the mental capacity necessary to consent to marriage.