legal incapacity - the procedure is quite complicated and unpleasant, but, in practice, sometimes it is necessary.How to recognize a person incapacitated?The answer is quite simple: only through the courts.And now let's look at the details of the legal procedure.
What persons may be deemed incompetent?
So, first question: "Who can be considered incompetent?"By law, give it the status of a person can be because of his age or mental illness (disorder).
What is disability?It is the loss of a person capable of independent exercise of their civic rights and responsibilities, as noted above, this may be the result of mental disorders or depend on age.As for the age group, it is a person under eighteen years of age, or older people.
What needs status incapacitated?
Each person recognized incapable different story, and the reason for this may be different.Can you recognize a person incapacitated?This issue is raised fairly often.Sometimes it is not something that can be, but rather a need.
For example, a close relative suffered a serious illness, the consequences of which affected his physical and mental health.But before the disease, being completely healthy person, he manage their finances (pensions), independently make various decisions which are of a legal nature, and so on.And what now?What to do?Just like that, without any paperwork guardian, you can not even retire him get.And to arrange custody, will likely have to admit a person incapacitated.
And another question arises quite often.How to recognize an older person incapable?It is older, but not mentally ill.Basically, the differences between these two situations is not.With the first, the second case will have to act according to the same scheme.
How to recognize a person incapacitated?Where to begin?
To begin, we note that a statement on the deprivation of legal capacity may apply only to family members.If there are none, it may be close relatives, the prosecutor's office, the guardianship, a psychiatrist.
Statement must be submitted to the court only at the place of residence of a citizen to be recognized as incapable.This document is necessary to describe in detail all the facts, based on which we can draw conclusions about the status of citizen, which is indicative of his mental disorder or inability to explain a person to exercise their civil rights and responsibilities.
Then the court will consider your application and confirmation of these facts, most likely, will decide on a forensic psychiatric examination.In the course of which it will be set true.
Apart from the question of how to recognize a person incapable, many ask what documents are needed for this?Let's deal.
Appendix to the application the court
write a statement of incapacity, it is necessary to attach to it a copy of the following documents.It:
- the birth certificate of a citizen of the incapacity is involved;
- certificate of family composition;
- certificate of disability (if applicable);
- documents indicating the family relationship of the plaintiff and the defendant;
- a copy of the application for examination of the person against whom it is written.
If you need even any documents, the court will ask to provide them during the trial.
How to recognize a person incapacitated - a question that leads to many others.On some of them we tried to find the full answer, but follow them or not, you decide.
