How to recognize a person incompetent? Procedure

Recognition incompetent - the procedure is rather complicated 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, you can give this status to a person because of his age or mental illness (disorder).

What does incapacity mean? This is the 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 the age. As for the age category, it is either persons under the age of eighteen or older persons.

What is the status of the incompetent?

Every person who is recognized incompetent has a separate history, 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 do, but rather, it is necessary.

For example, your close relative suffered a serious illness, the consequences of which 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 quite 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 only members of the family can apply with the application for recognizing a citizen as incapacitated. In the absence of such it can be close relatives, the prosecutor's office, guardianship authorities, a psychiatrist.

The application must be submitted to the court only at the place of residence of the citizen, who must be recognized as legally incompetent. 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, upon confirmation of the facts stated above, 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 to him the following copies of documents. It:

- a certificate of the birth of a citizen whose incapacity is involved;

- certificate of family composition;

- certificate of disability (if available);

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

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

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

How to recognize a person incompetent is a matter 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.