Application for recognition of a person with limited legal capacity

According to the current Ukrainian legislation, the limitation of civil capacity is possible only in certain cases, when a person cannot understand the meaning of his actions and deeds, as well as manage them, due to a mental illness.

To limit the civil capacity, it is necessary to apply to the judicial authorities. However, not everyone knows how to correctly draw up an application for recognition of a person with limited legal capacity.

Therefore, in this article, we will try to give meaningful answers to this question.

What should an application for recognition of a person with limited legal capacity contain?

First of all, it should be noted that the application for recognition of a citizen with limited legal capacity must contain a list of specific facts and circumstances that may indicate the presence of a persistent mental disorder in the latter, which leads to a lack of awareness of one's actions and deeds, as well as the ability to consciously control them.

It can also be indicated that the person has various types of addiction: alcohol, drug, gambling or toxic, which puts close relatives or family members in a difficult financial situation (for example, the money that the person receives is completely spent on alcoholic beverages or various narcotic drugs).

If parents want to limit the right of a minor citizen to independent management of his income, then they must state in the application the facts that necessarily confirm the occurrence of negative consequences for the latter regarding the implementation of this right in practice (development of mental defects or deviations, irrational spending of funds on existing addiction, etc.) .

What list of documents should be submitted with the application?

• Documents certifying identity and RNOCPP - necessary for both the applicant and the person concerned case is being considered to recognize her as having limited legal capacity;
• Documents on the actual place of residence of the applicant and the person, concerning the case are being considered to recognize her as having limited legal capacity (certificate about the place of registration or actual place of residence; information read from a contactless electronic medium (for a passport in the form of an ID card); certificate of an internally displaced person, etc.);
• Documents confirming the family ties between the applicant and the person, concerning which the case of recognizing her with limited legal capacity is being considered (for example, certificates of marriage, birth, divorce, paternity, change of surname or first name, certificate of family composition, etc.);
• Medical documents showing the presence of a persistent mental disorder in a person (medical history of a citizen, medical card, MSEK certificate, etc.);
• Conclusion of the territorial bodies of guardianship and care on the expediency of limiting the legal capacity of a citizen. However, this conclusion can also be obtained in the process of consideration of the case.

If you need to legally correctly draw up an application for recognition of a person with limited legal capacity and submit it to the relevant judicial authorities, then contact the Prikhodko and Partners law office.

Our lawyers will help you prepare the necessary package of documents and will represent your interests in various state authorities because we work only for results for the company's clients. So don't delay and apply!