If a person is sick with a mental illness and therefore cannot report to his actions, then in order to comply with the interests of him and his family, a person is recognized as incompetent. This is done only in court, which guarantees the observance of all rights. There are several steps to this process.
First stageThis is a statement of recognition of a person as legally incompetent. This requires a doctor’s opinion, although it is not decisive. The person who knows what he is doing, but cannot 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 being treated in the hospital, then at the place of its location.
Second phase
A forensic psychiatric examination is appointed , on the basis of which a decision is made whether a person will be declared legally incompetent or not. If a person may be present at the trial for health reasons , then he is also called. The presence of a representative of the guardianship authority and the prosecutor is mandatory.
Third stage
A person is informed of a court decision. Local guardianship authorities 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, then they must establish custody of him. The guardian acts on his behalf and is his legal representative. He may also conclude transactions, but only on condition that they do not contradict the interests of the legally incapable person and are recognized by the court. The guardian manages the funds of his legally incompetent ward and is responsible for the performance of duties.
If the victim himself made a deal, then it is automatically recognized as void, i.e. invalid. The wills drawn up by him also have no legal force - this ensures the safety of the patient's property and protects the interests of his heirs.
If a person has concluded a transaction without actually being responsible for his actions, but without being recognized as legally incapable, 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 come into effect if recognition is legally incompetent. For example, if this person was married, then the second spouse has the right to freely terminate the union without the participation of the first.
If a citizen has recovered from a mental illness or his health condition has improved significantly, the court has the right to once again recognize such a person as capable and remove custody of him. This process is carried out in the same way as the recognition of incompetence: an application is submitted, and then the court appoints an examination that determines the final decision.
If the recognition of incompetence occurred 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 was cured, and this was established by examination, then he can again be recognized as competent.