Recognition of a citizen incompetent

In this article, we will consider the recognition of a citizen as incompetent or severely incapacitated.

In life, everything is not always good and smooth. Unfortunately, besides joys and holidays there are still illnesses and misfortunes. Some of us have close relatives who suffer from severe mental illness, alcohol abuse or senility. Such people are considered to be at risk, because they are just a godsend for any kind of scammers, especially those who turn out illegal transactions in real estate. This is how the army of homeless people replenishes, because a sick person who does not understand the deplorable consequences of his actions is able to sign any document without even suspecting that tomorrow he will be on the street. To protect someone close to the trouble, it is best to recognize him as incompetent or limitedly capable. Naturally, the recognition of a citizen as incompetent - a procedure that far not everyone will decide to put their close relative to, many in general consider it to be shameful and indecent. However, there is nothing shameful here, but it will bring many benefits.

Recognition of a citizen as legally incompetent and of a limited legal capacity is a process that belongs to the category of legal procedures governed by the relevant norms of Russian civil legislation. The procedure for determining the incapacity or limitation of the citizen's capacity to pursue one goal is to protect the interests of the patient who can not reasonably assess his own actions and exercise his civil rights. In addition, this procedure is designed to protect the interests of relatives and friends of such a citizen.

Any transaction of alienation of property, committed by a mentally ill person, but not recognized as legally incompetent, will receive legal status. And it does not matter whether her citizen made it voluntarily or was deceived by fraudsters, it is unlikely to return the property. If the citizen was recognized as legally incapacitated, then such transactions will be declared invalid, which guarantees full protection of the property interests of not only such an individual, but also his direct heirs.

The recognition of a citizen as incapacitated or severely incapacitated can only be carried out through a court.

Those who have different mental disorders are therefore considered incompetent, and therefore are not able to reasonably assess their actions and actions. Recognizing a person as incapacitated is not easy, for this, we need to have compelling circumstances. Recognition of the incapacitated citizen is carried out according to the application of members of his family or guardianship authorities. When considering all claims of this kind, forensic psychiatric examination is unavoidable. If the court has made a positive decision, guardianship is established over the incompetent citizen. The guardian is a legal representative of the incapacitated, he represents his interests, has the right to carry out all legal transactions and bears full responsibility for the proper performance of his duties.

People who abuse alcohol or take drugs are recognized as having limited legal capacity. As a result of their illness, such citizens put their loved ones in a very difficult financial situation, therefore, the limitation of legal capacity is designed to protect the interests of the family of such a person. A guardian is appointed to a limited capacity. He gets the right to dispose of the incomes of a limitedly capable citizen and conclude legal transactions on his behalf.

If the grounds on which a citizen was recognized as incapacitated or his legal capacity was restricted, then the court decision on incapacity or limitation of a person's legal capacity is possible. The cancellation procedure also takes place in court proceedings.

Sometimes the limitation of legal capacity and the recognition of a citizen as incompetent is the only correct decision on which the fate of not only the sick person but all members of his family depends.