How to register a person’s incapacity

Quite often in practice, people with mental illnesses need protection of their legal rights and interests, since they cannot take care of themselves.

It is also extremely relevant in the preparation of a certain package of documents for a citizen.

The current legislation determines that in such a case the natural person should be recognized as incapacitated and a guardian should be appointed. However, not everyone knows how to do it in practice.

Therefore, in this article, we will talk about the features of registering a person's disability.

Who is a disabled person?

If a citizen has chronic or mental disorders that prevent him from fully realizing the meaning of his actions and deeds, as well as managing them, then such a person can be recognized as incapable.

For this, it is necessary to collect a certain evidence base that will confirm the existence of such a mental state.

Where should one apply to declare a citizen incapacitated?

To declare a citizen incapacitated, it is necessary to apply to the judicial authorities with a corresponding application because they are empowered by law to establish the specified fact.

It is worth noting that such an application must be submitted at the person's actual place of residence, or if he is being treated in a medical institution - at the location of this institution.

Who can apply for recognition of a natural person as incapacitated?

Ukrainian legislation defines an exhaustive list of the circle of persons who have the right to submit such an application, namely:

• close relatives (lawful spouse, father, and mother, son and daughter, etc.);
• family members (a married couple who have registered a marriage between themselves, that is, a legal husband and wife; children, if they have not reached the age of majority; as well as other citizens living together, who have joint rights and obligations)
• bodies of guardianship and care;
• a medical institution in which a person with an existing mental disorder is treated.

What should be noted in the application for recognition of a natural person as incapacitated?

The application for recognition of a natural person as incapable must contain facts and circumstances from which it can be concluded that the person has a chronic mental disorder that makes it impossible to understand one's actions and deeds, as well as the ability to manage them.

In addition, the application may also contain a request for an examination to establish the fact of a person's incapacity.

Importantly! If the application does not include a request for the appointment of an expert opinion on the case, then the judicial authority is obliged to appoint it, since consideration of the specified category of cases cannot take place without conducting a forensic psychiatric examination. After all, it is she who confirms the presence of a mental disorder in a person.

Is it necessary to pay a court fee for applying to declare an individual incapable?

No, because such court costs are reimbursed from public funds. However, if the judicial authority establishes that the applicant acted in bad faith and had malicious intentions to tarnish the reputation of a person (for example, he misled the court about the presence of a mental disorder in a citizen), then in such circumstances he can collect court costs at the expense of the latter.

From what moment can a person's incapacity be registered?

A citizen is recognized as incapacitated from the moment the court decision on this fact enters into force (usually within 1 month). In addition, the term of validity of such a court decision is valid for 2 years.

If a natural person is recognized as incapable, can he renew his civil capacity in the future?

Yes, but under certain conditions. If the fact is established that the citizen who was recognized as incapacitated has significantly improved his mental health and has the opportunity to understand the consequences of his actions and deeds, as well as the ability to manage them.

If you still have questions about how to register a person's incapacity in Ukraine, then in such a situation you need legal help from the Prikhodko and Partners law firm.

Our lawyers are always ready to provide qualified legal support to the company's clients because they have not only many years of experience in various fields of law but also excellent knowledge of the application of current legislation in practice. So don't delay and contact us!