Recognition of a person as partially disabled

If a person cannot have full civil legal capacity as a result of a mental illness, he may be recognized as partially incapacitated.

However, not every citizen of Ukraine knows how to implement it in practice and what needs to be done for this. What is the relevance of the chosen topic for today?

Therefore, in this informative article, we will talk about the legal features of recognizing a person as partially disabled.

When can a natural person be recognized as partially disabled?

The provisions of the Civil Code of Ukraine provide that a natural person may be recognized as partially incapacitated due to an existing mental illness or persistent disorder that significantly affects his general understanding of his actions and deeds, as well as the ability to manage them.

In addition, if a citizen has an alcohol, narcotic, toxic, or gaming addiction, and by his actions puts close relatives or family members or other persons whom he must support by the law in a difficult financial situation, then he may be restricted in his civil capacity.

Who decides to recognize a person as partially disabled?

Partial restriction of civil capacity occurs only in a judicial procedure. Such cases are considered in separate proceedings, and therefore the parties are the applicant and interested parties.

The applicant can be:

• close relatives (lawful spouse, father, 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.

Territorial guardianship and guardianship bodies usually act as interested persons, since as a result of the limitation of the civil legal capacity of a person, he/a guardian must be appointed.

Is a court fee payable for applying for recognition of a person with partial legal capacity?

No, because such court costs are paid from public funds.

What are the legal consequences of recognizing an individual as partially disabled?

• If a person has been recognized by the court as partially incapacitated, then guardianship is established over him and a guardian must be appointed to him;
• She can only do small household chores. A small household transaction should be understood as a transaction that is characterized by the following criteria:
  1) satisfies the citizen’s household needs;
  2) corresponds to his physical, spiritual, or social development;
  3) concerns an object that has a low value. For example, paying for the services of Internet providers, and mobile operators, buying and paying for goods and services using online stores, etc.

Thus, small household is an evaluative concept and must be determined in each specific case depending on the circumstances of the case;

• If the transactions go beyond minor household ones, then a citizen whose civil capacity has been restricted may perform such transactions only with the consent of the guardian;
• If a citizen is recognized as partially incapacitated, then he is personally responsible for the breach of the contract concluded by him and for the damage caused to another person.

If you have any questions regarding the recognition of a person as partially incapacitated, please contact the Prikhodko and Partners law office.

Our lawyers will provide you with comprehensive answers to issues in various areas of law, as they constantly apply current legislation in practice. Don’t delay and apply!