Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

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

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.

Calculate the cost of services

1 question

Have you already applied to guardianship and guardianship authorities?

Yes
No

2 question

Do you need advice on this issue?

Yes
No

3 question

Do you need legal assistance urgently?

Yes
No

You may also need:

20%
discount
If we do not
call back
during the day
Consultation
Law company
Leave a request for legal assistance right now:
9+ years on the market
70+ professional practitioners
Fixed price
Online / offline consultation

Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights