A statement of claim for the recognition of a person with limited legal capacity

In the conditions of various life situations, it may become necessary to recognize a person as limited in his legal capacity.

This can be the result of mental, physical or other circumstances that limit the ability of a person to fully enjoy their rights and fulfill their duties.

In this context, the statement of claim is a key tool to achieve the recognition of a person with limited legal capacity.

Which person is of limited legal capacity?

Limited legal capacity – it is a condition in which a person cannot fully enjoy his rights and fulfill his duties due to mental, physical or other circumstances.

Such a state can arise for various reasons, and recognition of a person with limited legal capacity may require the intervention of the court to protect the interests of the person himself and his environment.

Most often, persons with limited legal capacity include:

• Individuals suffering from mental disorders such as schizophrenia, depression, or bipolar disorder may be considered incapacitated depending on the extent and impact of these disorders on their decision-making ability.
• Individuals with physical limitations, such as serious illness, injury, or disability, may also need to be recognized as having limited legal capacity, especially in cases where the physical limitation affects their ability to take legal action.
• Children who have not yet reached the age of majority are automatically considered a group with limited legal capacity. However, sometimes in the case of complex situations related to their health or well-being, it may be necessary to file a claim for recognition of a person with limited legal capacity.
• Older people facing diseases such as dementia or Alzheimer’s may require recognition of limited legal capacity to ensure adequate protection of their rights and interests.

Recognition of a person with limited legal capacity is an important step to ensure his protection and the ability to use his rights and obligations within his own capabilities.

What legal features does such a person have?

Recognition of a person with limited legal capacity leads to the establishment of specific legal features that allow the protection of his interests and ensure proper management of his life and property.

Below are the key legal aspects for persons with limited legal capacity:

1. In cases of limited legal capacity, the court may appoint guardians or custodians who take responsibility for the exercise of the rights and obligations of the disabled person. This may include making decisions about medical treatment, managing property, and ensuring the claimant’s general well-being.
2. The court can limit the right of a limited person to perform certain legal actions, for example, to enter into agreements or dispose of property. This is done to protect the interests of the person himself and avoid possible negative consequences due to his limited legal capacity.
3. Recognition of a person with limited legal capacity can also serve as a means of protection against unlawful domination and influence by other persons. The court establishes rules and restrictions that protect the interests of the disabled person from excessive interference.
4. Appointed guardianship or guardianship may not exceed two years. This allows you to adapt protection measures in accordance with changes in its condition and needs.
5. Limited legal capacity does not prevent a person from participating in court proceedings. The court may provide an opportunity to express its opinion or participate in the case through its representatives.

The general purpose of these legal features is to ensure the protection and support of a person with limited legal capacity while preserving his dignity and rights.

The main aspects of the application for recognition of a person with limited legal capacity

• The application must contain detailed facts justifying the need to recognize a person with limited legal capacity. This includes medical reports, expert opinions, and other documents confirming the circumstances of the case.
• In the application, it is important to indicate the relevant articles of the law, which regulate the recognition of a person with limited legal capacity. This helps the court understand the legal aspects of the case and decide it properly.
• The application should also indicate the persons who can become guardians of a person with limited legal capacity. These can be relatives, legal representatives, or other persons capable of taking responsibility for the benefit of the plaintiff.

Help from our company

Our legal company “Prikhodko and Partners” is ready to provide full support in the process of filing a claim for recognition of a person with limited legal capacity.

Our experienced lawyers will help you prepare documentation, advise on legal issues, and represent your interests in court. We understand the importance of this process and are ready to help you achieve a positive result.

For a consultation or calculation of the price of a claim for recognition of a person with limited legal capacity – fill out the form below.