If a person is sick from mental illness and therefore can not give a report of their actions, in order to meet the interests of him and his family comes face recognition incapacitated.This is done only through the courts, which ensures compliance with all of the rights.There are several steps in this process.
first stage
This compilation of the application for declaring a person incompetent.To do this, the doctor's conclusion, although it is not decisive.Incapacitated recognized as the man who knows what he's doing, but can not manage themselves.
statement served in the court of the place of residence of the person, and if the person is being treated in hospital, the place of its location.
second stage
Appointed forensic psychiatric examination, on the basis of which a decision is to be held if recognized incapacitated person or not.If a person on health may be present at the trial, he also called.It is mandatory attendance of a representative of the guardianship and the prosecutor.
third stage
ups reported about the court decision.Also notified local guardianship to guardianship over the person.This should happen not later than three days after the final decision.
If realized recognition incapacitated person, you must install it on the wing.The trustee acts on its behalf and it is completely legal representative.It may also enter into transactions, but only on condition that they do not contradict the interests of the incapacitated person and recognized by the court.The trustee manages the funds sveogo incapacitated ward and is responsible for the performance of duties.
If the victim himself made a deal, it is automatically recognized as negligible, ieinvalid.They are null and void and created their wills - it ensures the safety of the property of the patient and protects the interests of his heirs.
If a man made a deal, did not actually answer for their actions, but without being recognized as incapable, such a transaction may be terminated by a lawsuit from the victim or from people whose interests or rights have been violated.
There are a few features that come into play if the recognition was held incompetent.For example, if a person is married, the other spouse shall be free to terminate the union without the participation of the former.
If a person cured of mental illness or health condition has improved significantly, the court has the right to re-admit such a person capable and remove custody of him.This process is the same as the recognition of incapacity: the statement is served, and then the court appointed expert, determines the final decision.
If the recognition of incapacity was due to mental illness, the person is required to have a guardian, which performs all operations on its behalf.The very same patient is not entitled to make any decisions.If he was cured, and it has established expertise, it can again be recognized as capable.
