More recently, in the presence of a serious mental disorder, in most cases a person could be considered completely incompetent. On March 2, 2015, amendments to the Civil Code were adopted and entered into force. In accordance with them, the disability of a citizen suffering from mental pathologies can be partial.
Basic conditions
The law provides for a number of circumstances on the basis of which full or partial incapacity is recognized. In the first case, the following conditions are necessary:
- The presence of severe mental illness.
- Inability to understand and control their behavior.
If they are fulfilled, then the person will be deprived of the right to commit any legally significant actions. In accordance with the law, he cannot manage his money (pension, allowance, etc.), purchase products in stores, pay utility bills, household services, and so on. The complete incapacity of a citizen suggests that a guardian will carry out all transactions on his behalf. In the second case, a person may have a mild mental disorder and, with the help of outsiders, he may be aware of his own behavior and manage it. Then he will be recognized as having limited legal capacity. He has the right to carry out simple household operations (for example, to receive items as a gift, to purchase essential goods, etc.). For larger transactions, he needs the written consent of his trustee.
Disability registration
This procedure is carried out in court. If a person lives on his living space, then an application for recognition of a citizen as legally incompetent is submitted to the district court located at his place of residence. A person, however, may be hospitalized or permanently in a welfare institution. In this case, the trial will be carried out by the court at the location of these institutions.
Subjects of law
Recognition of invalidity may be submitted by certain persons. The Code of Civil Procedure contains a list of such entities. They are:
- Spouses and other persons who live together with a person.
- Representatives of a social institution for the permanent stay of persons with disabilities.
- Parents.
- Sister brother.
- Representatives of a medical institution with a psychiatric profile.
- Children who have come of age.
- Representatives of the guardianship service.
The person himself cannot apply to the court with a statement declaring him incompetent.
Important point
By sending a statement recognizing a citizen as legally incompetent, the person concerned pays the state duty. At the moment, it is 300 rubles. In addition to this amount, no additional payments are required. However, the law provides an exception to this rule. If an application for declaring a citizen legally incompetent was filed unreasonably, then all legal costs will be recovered from the person who sent him . In addition, such a person may be held accountable.
Sample Application
The rules for the preparation of the document are reflected in the Civil Code. The sample application provides the following mandatory details:
- FULL NAME. and the address of the person concerned (place of residence, if it is an individual, and location, if it is an organization).
- Information about the person in respect of whom an application for declaring a citizen legally incompetent is submitted. In particular, the address, full name, place and date of birth, disability, diagnosis and the date when it was made, and so on, are indicated.
Further, the document indicates a kinship between the interested person and the mentally unhealthy person (if an individual applies to the court) or information on the availability of relevant powers (if the application is submitted by an institution for the disabled or another organization). The content should describe in detail the facts that indicate the impossibility of a mentally ill subject to control and be aware of their behavior. After this, a request to the court for recognition of a person's incapacity (partial or full) is indicated. At the end of the document is a list of applications (statement of epicrisis, certificates, a receipt that a fee has been paid, evidence of a relationship or related authority).
Case review
Disability recognition is carried out in a specific order. After receiving the appropriate appeal, the court appoints a psychiatric examination. If a sufficient number of medical documents (examination results, in particular) are attached to the application, then this procedure can be performed in absentia. Full-time examination is carried out in a hospital or outpatient clinic. The law provides for the possibility of forcibly placing a citizen in a medical institution if he evades examination. This should be a special definition. Interested parties must be present in court. The citizen himself, in respect of whom the paper is submitted, is also invited to the meeting. He has the right to express his own position. If for some reason a person is not able to arrive at the meeting, the consideration of the case is carried out at his location. During the meeting, the competent opinion of experts, representatives of the guardianship authority, the prosecutor is heard. The court announces the contents of the documents attached to the application, the results of the examination. Based on the results of the consideration of the case, an appropriate decision is made: to satisfy the application or refuse it.