Statement on the recognition of a citizen as legally incompetent: the nature of the application to the court

More recently, in the presence of a serious mental disorder in most cases, a person could be completely incompetent. Since March 2, 2015, amendments to the Civil Code were adopted and entered into force. In accordance with them, the incapacity of a citizen suffering from mental pathologies may be partial.

General conditions

The law provides for a number of circumstances, on the basis of which full or partial incapacity is recognized. In the first case, the following conditions are necessary:

1. The presence of severe mental illness.
2. Inability to understand and control his behavior.

If they are carried out, the person will be deprived of the right to perform any legally significant actions. According to the law, he can not dispose of his money (pensions, allowances, etc.), purchase products in stores, pay utility bills, household services and so on. Full incapacity of the citizen assumes that all transactions on his behalf will be carried out by the guardian. In the second case, a person can have a mild mental disorder and with outside help he can be aware of and manage his own behavior. Then he will be recognized as having limited operational capacity. He has the right to carry out simple household operations (for example, to receive items as a gift, to purchase essential products, etc.). To make larger transactions, he needs the written consent of his trustee.

Registration of incapacity

This procedure is carried out in court. If a person lives on his living space, then the application for recognizing a citizen incapacitated is submitted to the district court located at his residence. A person, however, can stay on inpatient care or be permanently in a social welfare institution. In this case, the court will examine the case at the location of these institutions.

Subjects of law

Claims for recognizing incapacity can be filed by certain persons. The CCP contains a list of such subjects. They are:

1. Spouses and other persons who live together with a person.
2. Representatives of a social institution for permanent residence of disabled people.
3. Parents.
4. Sister brother.
5. Representatives of a psychiatric hospital.
6. Children who have reached adulthood.
7. Representatives of the guardianship service.

The person himself can not apply to the court for a declaration of incompetence.

An Important Moment

When sending an application for the recognition of a citizen as legally incompetent, the person concerned pays the state duty. At the moment it is 300 rubles. In addition to this amount, no additional payments are required. However, the law provides for an exception to this rule. If the application for recognizing a citizen as legally incompetent was filed unreasonably, then from the person who sent him, all legal costs will be recovered . In addition, such a person can be held accountable.

Sample Application

The rules for drafting the document are reflected in the Civil Code. The sample application contains the following mandatory details:

• FULL NAME. And the address of the person concerned (place of residence, if it is a natural person, and location, if this is an organization).
• Data on the person for whom an application is made to declare a citizen incompetent. In particular, the address, name, place and date of birth, disability, diagnosis and date when it was delivered and so on are indicated.

Further, the document specifies a kinship relationship between the person concerned and the mentally unhealthy person (if the individual refers to the court) or information on the availability of appropriate authorities (if the application is submitted by an institution for the disabled or another organization). The content should describe in detail the facts that indicate the impossibility of a mentally ill subject to control and be aware of his behavior. After this, a request is made to the court to recognize a person's incapacity (partial or complete). At the end of the document, a list of annexes is provided (extractive epicrisis, reference, receipt that the fee has been paid, evidence of a relationship or related authority).

Case Review

Recognition of incapacity is carried out in a certain order. After receiving the appropriate appeal, the court appoints a psychiatric examination. If the application is accompanied by a sufficient number of medical documents (survey results, in particular), then this procedure can be performed in absentia. Full-time examination is carried out in a hospital or an outpatient clinic. The law provides for the possibility of compulsory placement of a citizen in a medical institution if he evades the examination. This should be made a special definition. Interested parties must be present in court. The citizen himself, in respect of which paper is submitted, is also invited to the meeting. He has the right to state his own position. If, for some reason, a person is unable to arrive at a meeting, the case is examined at the place where he is located. During the meeting, the competent opinion of experts, representatives of the guardianship authority, and the prosecutor is heard. The court reads the contents of the documents attached to the application, the results of the survey. As a result of the consideration of the case, an appropriate decision is made: to satisfy the application or to refuse it.