How recognition is incapacitated


If a person is mentally ill andbecause of this, he can not report to his actions, then, in order to comply with his and his family's interests, the person becomes incompetent. This is done only in court, which guarantees the observance of all rights. There are several stages in this process.

First step

This is a statement of recognition of a personincompetent. This requires a doctor's opinion, although it is not decisive. The person who knows what he is doing, but can not control himself, is also recognized as incompetent.

The application is submitted to the court at the place of residence of the person, and if the person is on treatment in the hospital, then at the location of the person.

Second phase

Appointed forensic psychiatric examination,on the basis of which a decision is made, whether the confession will be recognized as incapable or not. If a person for health reasons can be present at the trial, then he too is called. The presence of a representative of the guardianship authority and the prosecutor is mandatory.

The third stage

The person is informed of the decision of the court. Local guardianship bodies are also notified to establish custody of a person. This should happen no later than three days after the final decision.

confession of a person incompetent

If the recognition of a personincapable, then guardianship must be established over him. The guardian acts on his behalf and is an absolutely legal representative of the guardian. He can also conclude deals, but only on the condition that they do not contradict the interests of the incompetent person and are recognized by the court. The guardian disposes of the funds of his incompetent ward and is responsible for the fulfillment of his duties.

If the victim himself made a deal, then sheautomatically recognized as insignificant, i. invalid. The wills made by him do not have legal force either - this ensures the safety of the patient's property and protects the interests of his heirs.

If a person has made a deal,while answering for their actions, but not being recognized as incompetent, such a transaction can be terminated by a legal action from the victim or from people whose interests or rights have been violated.

confession of a person incompetent

There are several features that beginact if recognition is incapacitated. For example, if this person was married, the second spouse is entitled to terminate the union without interference without the participation of the former.

If a citizen is cured of a mental illnessor his state of health has significantly improved, then the court has the right to again recognize such a person as capable and to remove custody of him. This process is carried out in the same way as recognition is incapacitated: an application is submitted, and after that the court appoints an examination determining the final decision.

If recognition is incompetentcause of mental illness, then such a person must have a guardian who performs all the actions on his behalf. The patient himself has no right to make any decisions. If he healed, and this was established by the examination, he could again be recognized as capable.

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