A statement of claim to declare a person incapable

In the modern world, various legal situations arise, among which the issue of recognizing a person as incapacitated occupies a special place.

In cases where there are reasons to believe that a specific person is not able to freely manage his rights and obligations, it is necessary to apply for recognition of his incapacity.

Grounds for submitting an application to the court

Recognition of a person as incapacitated — is an important legal process that is based on specific grounds.

Below are the main reasons that can serve as a basis for filing a claim in a relevant situation.

1. Mental disorders.

• Diagnoses and expert opinions. Mental disorders detected with the help of medical examinations and professional conclusions can serve as a basis for recognizing a person as incapable.
• Violation of conditional control. If a person is unable to freely control their actions due to a mental disorder, this can be grounds for a lawsuit.

2. Physical handicaps.

• Medical opinions and examinations. The presence of physical limitations revealed by medical examinations may indicate a person’s disability.
• Failure to perform duties. If physical limitations prevent you from performing daily duties and managing your own affairs, this may be grounds for a lawsuit.

3. Age.

• If a person cannot properly understand the consequences of their actions due to age restrictions, this can serve as a basis for a lawsuit.

Steps in preparing an application

Preparation of a claim is a key stage in determining a person’s incapacity. Following the correct procedure and presenting a convincing case is very important to this case.

The main steps in preparing an application are discussed below.

1. Consultation with a lawyer.

• Assessment of the situation. Contact a qualified lawyer for a detailed assessment of the situation and advice on the approach to the case.
• Determination of grounds. A lawyer determines the main grounds for declaring a person incapable, considering medical and legal aspects.

2. Collection of evidence.

• Medical documentation. Collection of all necessary medical documentation, including expert opinions of psychiatrists, psychologists or doctors from other specialties.
• Specialized examinations. Carrying out the necessary specialized medical examinations for a detailed study of the person’s condition.

3. Application formation.

• Creation of a claim using legal knowledge and expertise.
• A factual description of the situation. Including a detailed description of the person’s condition, substantiation of the grounds and references to legal regulations.

4. Application submission.

• Definition of judicial authority. Selection of the judicial body to which the claim will be filed.
• Submission of documents. Drawing up a claim statement and supporting documents, including medical reports and expert reports.

Our competence

Our law firm offers a full range of services for declaring a person incapable, providing qualified legal assistance at every stage of the case. We guarantee a professional and individual approach to each client.

Get acquainted with the advantages of our company in cases of recognition of incapacity:

• Our lawyers have deep knowledge in the field of family and civil law.
• Many years of practical experience in cases related to recognition of incapacity.
• Each case is considered with an individual approach, taking into account the specific circumstances and needs of the client.
• From consultation and preparation of documents to representation of interests at a court hearing – we will provide a full range of services.
• Reliable collection of medical and other evidence for the most reasonable preparation of the case.
• Our lawyers are ready to provide effective representation in court sessions, protecting your interests and demonstrating professionalism.

If you are looking for reliable lawyers who will be able to professionally deal with issues of recognition of incapacity, our company “Prikhodko and Partners” is ready to become your reliable partner. Contact us for effective and competent legal assistance.

Conclusion

Recognition of a person as incapacitated — is a serious legal process that requires competence and experience.

Our law firm is ready to become your reliable partner in this matter, helping you at every stage of the case. Contact us for professional legal assistance and protection of your rights.

For a consultation or calculation of the price of a claim for declaring a person incapable, fill out the form below.