In accordance with article 29 of the Civil Code of the Russian Federation, it is possible to recognize a person as incompetent only in court. According to the civil procedural legislation, a list of documents should be presented to the court, based on which a decision on incapacity will be issued.
It is necessary
- - notification to the guardianship and trusteeship authorities;
- - conclusion of a medical and psychiatric examination;
- - application to the Arbitration Court;
- - personal documents of the plaintiff;
- - documents of the person who must be declared incapacitated.
Instructions
Step 1
To recognize a person as incompetent, contact the guardianship and guardianship authorities. Submit written notice of the initiation of a citizen's incapacitation case.
Step 2
Take the person who needs to be declared incapacitated for a medical psychiatric examination. The expert commission, which will issue a medical opinion on the mental insanity of a citizen, must consist of at least three practicing psychiatrists. The opinion must be signed by all members of the commission, the personal seals of the specialists who issued the opinion must be affixed, the signature and personal seal of the chief physician of the medical institution, the official and square seal of the medical clinic.
Step 3
You cannot force a person to undergo a medical and psychiatric examination, since a citizen who is not recognized by a court as incompetent has the right to defend his rights and defend his interests up to a court ruling (Article 48 of the Code of Civil Procedure of the Russian Federation). Therefore, you can only persuade a citizen to make a decision on his own and go to a medical institution.
Step 4
After receiving the psychiatric report, file an application with the Arbitration Court. Attach the original and a copy of the conclusion, a copy of the passport of the citizen who should be declared incapacitated, a copy of your passport.
Step 5
The court session must be attended by representatives of the guardianship and guardianship authorities, the prosecutor and the citizen himself, in respect of whom the court decision will be issued.
Step 6
If the court ruled to recognize a citizen as legally incompetent, then the issue of establishing guardianship over him is considered, or he is placed in a psychiatric clinic or other institutions for the social guardianship of incapacitated persons.
Step 7
If there is a court order on incapacity, the issue of establishing guardianship over an incapacitated person is not agreed with him personally, while guardianship over other persons can be established only in the form of patronage with their written consent and canceled upon written request.
