How to recognize a person incompetent? Procedure

Recognition incompetent - procedure is prettycomplex and unpleasant, but, as practice shows, sometimes just necessary. How to recognize a person incompetent? The answer is quite simple: only through the court. And now let's look at the details of this legal procedure.

What persons can be recognized as incompetent?

So, the first question: "Who can be considered incompetent?" By law, this status can be given to a person because of his age or mental illness (disorder).

What does incapacity mean? This is a loss of the person's ability to independently exercise his civil rights and obligations, as noted above, this may be a consequence of mental disorders or depend on age. As for the age category, it is either people under the age of eighteen or elderly people.

What is the status of the incompetent?

Every person who is recognized incompetent,a separate story, and the reasons for this may be different. Is it possible to recognize a person incompetent? This issue is raised quite often. Sometimes, not even what you can, but rather, it is necessary.

For example, your close relative suffered a severedisease, the consequences of which have affected his physical and mental health. But before the disease, being a perfectly healthy person, he himself managed his finances (pensions), independently made various decisions that were of a legal nature, and so on. And now what? How to be? Simply so, without registration of documents of the trustee, you even can not receive pension for it. And to formalize guardianship, most likely, it is necessary to recognize a person incompetent.

And another very common question. How to recognize an elderly person as incompetent? It is the elderly, not the mentally ill. In principle, there are no differences between the two situations. That in the first, that in the second case it is necessary to act according to the same scheme.

How to recognize a person incompetent? Where to begin?

To begin with, I want to note that with a statement aboutOnly family members can apply for a citizen's incapacitation. In the absence of such it can be close relatives, the prosecutor's office, the guardianship authorities, a psychiatrist.

The application must be brought to court only onthe place of residence of a citizen who is incapable of recognition. In this document it is necessary to describe in detail all the facts on the basis of which it is possible to draw conclusions about the condition of a citizen that 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, if confirmed, will most likely decide to conduct a forensic psychiatric examination. During which the truth will be established.

In addition to the question of how to recognize a person incompetent, many people ask what documents will be needed for this? Let's understand.

Application to the application in court

Having written an application for recognizing a citizen incapacitated, it is necessary to attach the following copies of the documents to him. It:

- certificate of birth of a citizen, whose incapacity is in question;

- certificate of family composition;

- certificate of disability (if available);

- documents indicating the relationship between the plaintiff and the defendant;

- a copy of the statement itself to familiarize the person with respect to whom it is written.

If you need any other documents, the court will ask for them in the course of the judicial investigation.

How to recognize a person incompetent is a question that entails many others. On some of them we tried to find full answers, and to follow them or not, it's up to you.

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