How is recognition recognized incompetent

If a person is mentally ill and therefore can not report to his actions, then to recognize the interests of him and his family, the person becomes incapacitated. This is done only in court, which guarantees the observance of all rights. There are several stages in this process.

First step

This is the preparation of an application for the recognition of a person incompetent. This requires a doctor's opinion, although it is not decisive. The person who knows what he is doing, but can not manage 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 place of its location.

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

If the recognition of a person as incapacitated was realized, 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 discharge of his duties.

If the victim himself made a deal, then he automatically recognizes an insignificant, i.е. 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 makes a deal without actually responding for his actions, but not being recognized as incompetent, then such a transaction can be terminated by a lawsuit from the victim or from people whose interests or rights have been violated.

There are several features that begin to act if recognition is incompetent. For example, if this person was married, then the second spouse has the right to terminate the union without interference without the first.

If a citizen has recovered from a mental illness or 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 the confession is incapable due to a 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.