How to declare a person incompetent? Procedure

The recognition of the dysfunctional — the procedure is quite complicated and unpleasant, but, as practice shows, sometimes it's just necessary. How to declare a person incompetent? The answer is quite simple: only through the courts. Now let's look at the details of this legal procedure.

What kind of person can be declared incompetent?

So the first question: "Who can recognize incompetent?" By law to confer this status of man because of his age or mental illness (disorder).

That means incompetence? This loss person's ability to independently exercise their civil rights and obligations, as noted above, this may be a consequence of mental disorder or be dependent on age. As for age categories, it is either a person under eighteen years of age or older persons.

Why do you need the status of the incapacitated?

Each person recognized as incapable, different story, and the reasons for this may be different. Is it possible to declare a person incompetent? This question comes up quite often. Sometimes not even something that is possible and rather necessary.

For Example, your close relative had a serious illness, the consequences of which affected his physical and mental health. But before illness, being completely healthy, he disposed of your finances (retirement), independently taken various decisions bearing legal in nature, and so on. And what now? How to be? Just like that, without the paperwork of a guardian, even a pension you will not be able to get. And custody, will likely have to declare a person incapacitated.

Recommended

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

And one fairly frequently asked question. How to recognize an elderly person incapacitated? That is elderly and not mentally ill. In principle, differences between these two situations there. In the first, as in the second case the act will have the same schema.

How to declare a person incompetent? Where to begin?

To begin, we note that a statement of recognition of a citizen as incapable may apply to only family members. In the absence of such it may be a close relatives, the Prosecutor's office, guardianship, psychiatrist.

The Application must be submitted to the court only at the place of residence of the citizen, subject to legal incapacity. In this document you should detail all the facts on the basis of which conclusions can be drawn about the state of the citizen that evidence of his mental disorder or explains the inability of a person to exercise their civil rights and obligations.

The court will consider the application and upon confirmation of these facts is likely to accept the decision on carrying out is judicial-psychiatric examination. In the course of which the truth will be established.

In Addition to the question about how to declare a person incapacitated, many people ask what documents will be needed for this? Let's deal.

Annex to the statement in court

Writing a statement about recognition of the citizen incapacitated, you must attach copies of the following documents. This:

- birth certificate of the citizen of the incapacity referred to;

- a certificate of family composition;

- certificate of disability (if any);

- the documents indicating the family relationship of plaintiff and defendant;

- a copy of the application for review of the person in respect of whom it is written.

If you need any more documents, the court will be asked to provide them during the trial.

How to declare a person incompetent — a question that entails a lot of others. Some of them we have tried to find the full answers, but to follow them or not, you decide.