Recognizing incompetent is a rather complicated and unpleasant procedure, but, as practice shows, sometimes just necessary. How to recognize a person as incompetent? The answer is quite simple: only through court. Now let's look at the details of this legal procedure.
Which persons may be declared legally incompetent?
So, the first question is: “Who can be declared legally incompetent?” According to the law, it is possible to give a person this status due to his age or mental illness (disorder).
What does disability mean? This is a person’s loss of the ability to independently exercise his civil rights and obligations, as already noted above, this may be a consequence of mental disorders or depend on age. As for the age category, these are either persons under the age of eighteen or elderly people.
Why is incompetent status necessary?
Each person declared legally incompetent has a separate story, and the reasons for this may be different. Is it possible to recognize a person as incompetent? This question is raised quite often. Sometimes not even what is possible, but rather, necessary.
For example, your close relative suffered a serious illness, the consequences of which affected his physical and mental health. But before the disease, being a completely healthy person, he himself managed his finances (pension), independently made various decisions that were legal in nature, and so on. And now what? How to be Just like that, without a guardian’s paperwork, you won’t even be able to get a pension for him. And in order to formalize guardianship, most likely, you will have to recognize a person as incompetent.
And one more frequently asked question. How to recognize an elderly person as incompetent? It is the elderly, and not the
mentally ill. In principle, there are no differences between the two situations. That in the first, that in the second case will have to act on the same scheme.
How to recognize a person as incompetent? Where to begin?
To begin with, I want to note that only family members can apply for recognition of a citizen as legally incompetent . In the absence of such, it can be close relatives, the prosecutor's office, guardianship authorities, a psychiatrist.
The application must be filed with the court only at the place of registration of the citizen, subject to recognition as legally incompetent. In this document, it is necessary to describe in detail all the facts on the basis of which conclusions can be drawn about the state of a citizen, which indicates his mental disorder or explains the person's inability to exercise his civil rights and obligations.
Further, the court will consider your application and, when confirming the facts, it will most likely decide to conduct a forensic psychiatric examination. In the course of which the truth will be established.
In addition to the question of how to recognize a person as incompetent, many ask what documents will be needed for this? Let's get it right.
Appendix to the application to the court
Having written a statement recognizing a citizen as legally incompetent, the following copies of documents must be attached to it. It:
- birth certificate of a citizen whose incapacity is involved;
- certificate of family composition;
- certificate of disability (if any);
- documents indicating the relationship of the plaintiff and the defendant;
- a copy of the application itself to familiarize the person in respect of whom it is written.
If you need any more documents, the court will ask you to provide them during the judicial investigation.
How to recognize a person as incapacitated is a question that entails many others. We tried to find full answers to some of them, and it is up to you to follow them or not.