The article considers the recognition of a citizen as incapable or partially capable.
In life, not everything is nice and smooth.Unfortunately, in addition to the joy and celebration there are illnesses and misfortunes.Some of us have relatives suffering from severe mental illness, alcohol abuse, or lapsed into senility.Such people are at risk because they are - a godsend for any kind of scams, especially those that crank the illegal transaction in real estate.In this way the army and replenished the homeless, because the sick person who does not understand the dire consequences of their actions, is able to sign any document, even knowing that tomorrow he will be on the street.To protect close of trouble, it is best to recognize him as incapable or partially capable.Naturally, recognition of incapacity - a procedure which subjected its close relative dare not everyone, many do consider it shameful and indecent.However, there is nothing to be ashamed of, but it will bring a lot of benefits.
recognition citizen incompetent and limited legal capacity - a process that belongs to the category of legal procedures governed by the relevant rules of civil law of Russia.The procedure for establishing disability or limited legal capacity of a citizen has one goal - to protect the interests of the patient, which can not reasonably assess their own actions and to exercise their civil rights.In addition, this procedure is designed to protect the interests of the relatives of the citizen.
Any transaction of disposal of property, perfect mentally ill person, but not recognized at the same incompetent, enacted into law.It does not matter, it makes a citizen voluntarily or had been deceived by fraudsters, to return the property is unlikely to succeed.If it were held recognition of incapacity, then this kind of transaction will be considered invalid, which guarantees full maintenance of property interests not only of the individual but also his direct heirs.
recognition of the citizen as incapable or partially capable can only be done through the courts.
incapacitated recognized those persons who have a variety of mental disorders, and therefore are not able to reasonably estimate their actions and deeds.Recognize the incapacitated person is not easy, it requires good circumstances.Recognition of incapacity is conducted according to a statement his family or guardianship authorities.When considering all the lawsuits of this kind inevitably a forensic psychiatric examination.If the court took a positive decision, the incapacity of the citizen placed under guardianship.Guardian - the legal representative of an incapable, it represents its interests, has the right to carry out all legal transactions and is solely responsible for proper performance of their duties.
recognized partially capable citizens who abuse alcohol or take drugs.As a result of the disease such citizens put their loved ones in a very difficult financial situation, therefore, the restriction of capacity is intended to protect the interests of the family of such a person.Partially capable appointed trustee.He is entitled to dispose of limited legal capacity of a citizen income and conclude from his face legal transactions.
If the grounds under which it was carried out the recognition of incapacity, or was limited by its capacity to act, ceased to exist, it is possible to cancel the judgment of the incapable or partially capable persons.The procedure for canceling occurs in the trial.
Sometimes legal incapacity and deprivation of legal capacity - the right decision on which depends the fate of not only the sick person, but all the members of his family.
