Only a court decision can limit a person's legal capacity. So even if you are absolutely convinced that your mentally ill family member is unable to take responsibility for his actions and needs custody, provide convincing evidence of your position to the court.
Necessary
- • Collect evidence;
- • submit a statement of claim to the court.
Instructions
Step 1
Collect all possible documentary evidence that the person is not able to take responsibility for himself. These can be statements of citizens confirming the inadequacy of human behavior, certificates from medical institutions, law enforcement agencies, the results of psychiatric examinations, if they have already been carried out earlier, etc. Pay the state fee.
Step 2
Contact the judicial authority at the place of residence of the person against whom you intend to initiate proceedings, or at the location of the medical institution, if the person is undergoing hospital treatment.
Step 3
Write a statement declaring the person incapacitated. In the application, list all the medical diagnoses a person has: congenital diseases, disability group, acquired injuries that affected the patient's mental state. Indicate the names of persons whose testimony can confirm your position, request extracts from the medical history and the appointment of a forensic psychiatric examination. Attach any documents you have collected to your application.
Step 4
Please note that all parties to the litigation (including you and the person you are bringing the litigation against) may submit their questions to the court for the assigned forensic medical examination. You can also apply for an examination by a specific expert, or vice versa, declare your recusation to the expert, demand the inclusion of independent psychiatrists in the expert commission, demand the appointment of repeated, additional and comprehensive examinations.
Step 5
Show up at the court session at the appointed time, ensure the attendance of the witnesses you declared. In the trial, you can also apply to call additional witnesses, if the need arises, and apply for the addition of new evidence. The person against whom the process is being conducted and his legal representative (attorney) can also actively prove their position. Evidence can be presented at any stage of the process, but before the court retires to the deliberation room to make a decision.
Step 6
Wait for the court decision. If a decision is made to declare a person incapacitated, the guardianship authorities will have to appoint a guardian for the person.
The legal capacity of a person can later be restored also in a judicial proceeding.
