Only legislation can limit the legal capacity of a citizen. And then only partially and for a certain period of time. For example, a civil servant is deprived of the right to engage in entrepreneurial activity, and a prisoner is restricted in freedom of movement. But it is possible to limit the legal capacity of a relative living with you who is abusing bad habits or to declare a mentally unhealthy person incompetent, but only by a court decision.
It is necessary
provide evidence
Instructions
Step 1
Keep in mind that you can initiate a case on limitation of legal capacity if a relative living with you abuses alcohol and (or) drugs and at the same time suffers from the financial situation of the family (Article 30 of the Civil Code of the Russian Federation). In relation to a minor, a similar process can also be initiated if he clearly unreasonably disposes of his income - scholarships, salaries, etc. (part 2 of article 21, part 4 of article 26, article 27 of the Civil Code of the Russian Federation). Even if you live separately (Article 29 of the Civil Code of the Russian Federation), you can apply for the recognition of a person suffering from psychiatric disorders as incapacitated, which does not allow him to take responsibility for himself.
Step 2
Provide the necessary evidence. Collect acts from law enforcement agencies, certificates from sobering-up centers, certificates from narcologists, certificates from the place of work (acts of suspension / dismissal due to being intoxicated), certificate of family composition, certificates of income, marriage certificate, birth certificates and other. To prove the mental inadequacy of a person, attach all the certificates you have from medical institutions, the results of psychiatric examinations (if they have already been carried out earlier).
Step 3
Write a statement to the judicial authority at the place of residence, or at the location of the medical institution (if the person is being treated). State in the application all the circumstances of the case, request extracts from the medical history, the appointment of forensic psychiatric examinations, list the names of witnesses who can prove your position, attach the documentary evidence you already have.
Step 4
Show up at the hearing on the appointed day. Ensure the attendance of the necessary witnesses. The person against whom the proceedings have been initiated has the right to actively object, defend their position and present their evidence. As well as other relatives who do not agree with your intention to limit the legal capacity of a citizen. If the court, by its decision, limits the person's legal capacity (or recognizes it as incompetent), the guardianship and trusteeship authorities will in the future have to appoint him a trustee (guardian) who will dispose of the citizen's property, control his income and large expenses until the person's legal capacity is restored judicially.
