Model Release - special circumstance

[ssim]

I have donated my time to a local association that is doing a resource guide for physically and mentally chanllenged persons. In this guide they will be profiling a few of these persons of which I am doing the photography for.

My question is this, do I need someone besides these persons to sign, maybe a relative or, if they have one, a legal guardian. I know for the children that I have done so far, I have had their parent sign and that is a no-brainer. The publisher of the book has not been of any help in this area.

[Wilt]

I think the challenge is knowing whether or not ANY of these adult mentally challenged persons is considered to be legally capable of signing any contract in the eyes of the court! The law is written to protect those who are deemed to be incapable of making these judgements on their own, requiring a legal guardian's signature. How can you find out, for any particular individual?!?!?!

[CanonCam]

I believe it depends upon whether they have a "Power of Attorney" that signs legal documents for them. If not, I think it boils down to whether or not they are competent enough to know what they are signing...something that can be difficult at best to judge. As far as obtaining this information, you can check with their caretaker if available, if not, I'm not sure where to go from there.

[Scottes]

Yes, I would check with their caretakers. If the person doesn't have a legal guardian or person with power of attorney then I'd assume that they can sign the release.

Note that I said "assume" and that I'm not an attorney, so this advice could be totally wrong and useless. It makes sense to me, but that has little to do with Law. Harumph.

[liza]

I worked with this population as a case manager and advocate for many years. If they have a legal guardian, the guardian must sign. If they have full legal rights, then they sign. Most of them are likely associated with a social services agency or group home company, either of which would know their legal status.
And don't assume that persons with mental impairments aren't competent. Many of them are very savvy individuals who have had to beat the odds to survive. :)