In the article, we will consider how the deprivation of legal capacity of the mentally ill goes.
The general norm established by the first part of Article 21 of the Civil Code of the Russian Federation reads: the citizen appears to be able to fulfill civil duties and have civil rights upon reaching the age of majority.
At the same time, sometimes situations arise when, due to trauma, age or a mental illness, a person loses touch with reality, he ceases to relate adequately to the people who surround him and to the events that occur. In this case, a mentally ill person does not give an account of his actions; he can commit to his own harm civil transactions (purchase and sale, donation) that he would never have committed in his right mind. Often next to such a person are scammers trying to take advantage of his pathological condition and seize, for example, his real estate. A sick person as a result of communication with dishonest citizens can remain without a roof over his head, simply appear on the street.
In order to protect the interests of elderly patients and people who suffer from mental disorders, civil law provides for the possibility of depriving a citizen of legal capacity. The law also provides for a procedure for restricting legal capacity.
Disability of the mentally ill: concept
The only reason for the existence of which a citizen's incapacity can be recognized is determined in the 1st part of the 29th article of the Civil Code of the Russian Federation. A citizen can be recognized incompetent only when he has mental disorders, the result of which is a lack of understanding of the meaning of his own actions or the inability to guide them.
If a citizen loses legal capacity, guardianship is established over him.
Court order
A mentally ill person is recognized as legally incompetent exclusively in court. The first part of Article 22 of the Civil Code of the Russian Federation states that limiting or depriving a citizen of his legal capacity is not allowed in a different order. The fact of a psychiatric deviation in a citizen is established only by a forensic psychiatric examination, which is appointed by the court.
In what cases is the deprivation of legal capacity of the mentally ill?
Disability recognition cases
It is necessary to understand in what situations a person can be recognized as legally incompetent, and in which cases legally incompetent. To recognize a citizen's legal incapacity, the following conditions will be required:
- mental illness;
- complete inability to realize or control their own actions.
A citizen who has a mental disorder, is recognized as legally incompetent, loses the right to commit any legally significant actions. In particular, he cannot manage his own pension, purchase goods at the store, pay for various household services, etc. All transactions in his interests are made by the guardian.
Capacity limitation
When a person suffers from a mental illness in a mild form, most likely, he will not be deprived of legal capacity, but will only be limited in it.
In this case, two conditions are required:
- the person has a mental disorder;
- a person with outside help is able to be aware of their actions, as well as to manage them.
A person limited in legal capacity has the right to perform simple household operations (receive gifts, purchase essential items, etc.). In order to conclude more serious transactions, you will need the permission of the trustee in writing.
How does deprivation of legal capacity go by court?
Description of the procedure and documents
A citizen is recognized as legally incompetent only in court. If he lives in an apartment or house, the case will be considered by the district court at the place of residence. When a person is in inpatient treatment or permanently resides in a social institution, the case will be in the court department at the location of such organizations. The processes of limitation and deprivation of legal capacity themselves take place in the same order.
The procedure for recognizing the incapacity of a citizen begins with an application that is submitted to the judicial authority by an authorized person. The list of persons who can file an application of this kind is contained in the Civil Code. These include:
- spouses and other persons who live with a citizen;
- parents;
- children of full age;
- sisters and brothers;
- guardianship service;
- institution in which people with disabilities reside permanently;
- psychiatric medical facility.
A person who suffers from a mental disability cannot go to court to be recognized as legally incompetent.
What documents are needed to deprive the mentally ill?
- Papers that can confirm a close relationship.
- Documents that confirm the citizen has mental illness.
- Copies of the application with all attachments for other participants in the lawsuit.
- Duty receipt.
An application is submitted directly to the court at the place of residence or localization of the psychiatric institution where the patient is undergoing a therapeutic course.
When applying to the court, the applicant will have to pay a state fee. Other costs for the consideration of such a case will not be required: the applicant is exempt from other costs. However, the law has one exception to this rule: if in the process it turns out that the plaintiff knowingly wanted to deprive a person of legal capacity, from such an unscrupulous applicant they will be charged for all expenses that appeared during the trial.
How is a case for recognition of a person's legal incapacity considered?
The recognition of a citizen's legal incapacity is made in a judicial proceeding in compliance with the approved procedure. After receiving an application for the deprivation of legal capacity of a mentally ill judge, the judge first appoints an examination to determine the state of the person. If a sufficient amount of papers confirming it is attached to the application, such an examination may be carried out in absentia. Be sure to attach the opinion of a psychiatrist.
The examination is carried out in person in a hospital or on an outpatient basis. The law allows forcible placement of a person in a psychiatric hospital in order to examine him when he evades examination.
The court makes a special ruling for this.
The participants in the court hearing in the case of declaring a person legally incompetent are the following: the applicant, a guardianship officer, a representative of the prosecutor's office.
A citizen with respect to whom an application for recognition of incapacity is filed is also invited to a court session and may during the process express his own position on this case.
Among other things, he can come to the process with his representative, whose authority is confirmed by a power of attorney.
When a person suffering from a mental disorder cannot arrive at the process, a visiting court session is held at the patient's place of residence.
Stages of the trial
A lawsuit recognizing a citizen's disability includes the following stages:
- statement by the applicant;
- speech of representatives of the guardianship service and the prosecutor's office;
- giving explanations by a citizen in relation to whom the issue of legal capacity is being considered;
- announcement of the medical documents available in the case, as well as the results of a forensic examination (report of a psychiatrist);
- hearing testimony;
- giving explanations by the health worker who conducted the examination (when summoning him to a meeting);
- the court, based on the results of the consideration of the case, decides to declare the citizen legally incompetent or refuses it.
What else involves the deprivation of legal capacity of the mentally ill?
What will follow the decision?
A judicial act acquires legal force only one month after it has been adopted. Up to this point, a citizen deprived of legal capacity has the right to appeal the decision to a higher authority.
After the judicial act enters into force, it is sent within three days to the guardianship authority, where within a month they are required to appoint a guardian to an incapable person. Until it is determined, all its functions are performed directly by the guardianship authority.
Guardianship of citizens deprived of legal capacity
Custody of citizens who have lost their legal capacity is required to protect their legitimate interests and rights. In accordance with Article 35 of the Civil Code of the Russian Federation, a guardian is appointed by the guardianship authority of the municipality at the place of residence of the guardian. This happens solely with the consent of the latter. As a rule, it becomes one of the closest relatives of a citizen.
The guardian, in accordance with Article 37 of the Civil Code of the Russian Federation, manages the income of the guardian only in his interests, having previously obtained permission from the state body. Various payments to a person who is deprived of legal capacity are credited to a separate bank account. These funds are disposed of by the guardian. The latter does not have the right to make transactions to alienate the property of the guardian and other actions that entail the reduction of property without prior permission of the guardianship and trusteeship authority.
How is legal capacity restored in the mentally ill?
In the event that a person deprived of legal capacity begins to understand over time the meaning of his own actions or to direct them, in court he may be recognized as fully or partially competent. The decision on legal capacity is taken by the court on the basis of a statement made directly by a citizen, his guardian, medical organization, family member, guardianship authority and guardianship according to the rules, which are similar to the procedure for recognition of legal capacity.
We examined how the disability of the mentally ill goes.