As there is a recognition incapacitated

If a person is sick with a mental illness and therefore cannot account for their actions, in order to comply with the interests of him and his family, there is a recognition of the person incapacitated. This is done only in a judicial procedure that guarantees the observance of all rights. There are several stages of this process.

First stage 

This is a compilation of statements about recognition of the person incapacitated. This requires a doctor, although it is not decisive. Incapacitated also recognized the man who knows what he's doing, but can not control themselves.

A Statement submitted to the court at the place of residence of that person, if the person is on treatment in hospital, according to the location.

Second stage

Appointed forensic psychiatric examination, on the basis of which the decision will be whether the recognition of a legally incapable person or not. If the person's condition may be present at the trial, he also called. It is mandatory the presence of a representative of the guardianship authority and the Prosecutor.

Third step

The Person reported the decision of the court. Also inform the local authority of guardianship for guardianship over the person. This should occur no later than three days after the final decision is made.

If came the recognition of the person incapacitated, over it are required to establish guardianship. The guardian acts on his behalf and is absolutely a legitimate representative. It may also enter into transactions, but only on the condition that they do not contradict the interests of disabled persons and recognized by the court. The Trustee manages funds and his incapacitated ward is responsible for the performance of duties.

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If the victim himself made a deal, she will automatically be considered null and void, i.e. invalid. Have no legal force also made their wills - this ensures the safety of the property of the patient and protects the interests of his heirs.

If a person made a deal, not actually responsible for their actions, but not being recognized as incapable, such transaction can be terminated through legal action from the victim or from persons whose interests or rights have been violated.

There are several features that act, if held legal incapacity. For example, if the person was married, then the other spouse shall have the right freely to withdraw from the Union without first.

If a person recovered from mental illness or his condition has improved significantly, then the court may re-admit such a person is capable and to take custody of him. This process is the same as the legal incapacity: the application was submitted and thereafter the court appointed examination, which determines the final decision.

If the legal incapacity has occurred by reason of mental illness, the person must have a legal guardian, who performs all actions in his name. Himself the patient is not entitled to make any decisions. If he was cured, and this set the examination, he may again be considered viable.