In Ukraine, recognition of incapacity is regulated by the Civil Code. Who can install it and how it happens? Lawyer and lawyer Rostislav Kravets told Facts ICTV.
Incapacitated person – who is it?
In accordance with Art. No. 30 of the Civil Code of Ukraine, a person who understands the significance of his actions and can direct them is considered capable. Civil capacity is considered the ability of a person to independently acquire and exercise civil rights, perform civil duties and bear responsibility in case of their failure.
“Any citizen is legally competent until the contrary is established in court,” explains Kravets.
The only basis for such a decision may be the presence of a chronic mental disorder, as a result of which a person cannot realize the meaning of his actions and/or manage them.
Currently watching
Who determines a person’s incapacity?
According to the expert, only a court can determine whether a person is incapacitated. According to his decision, incapacity for work is established for a specific period, but not more than two years.
Such an application can be made by family members and close relatives, regardless of their joint residence, guardianship and trusteeship authorities or the psychiatric institution in which this person is being treated.
The application must indicate circumstances that indicate a chronic, persistent mental disorder. The application is submitted at the place of residence of this person or at the location of the psychiatric institution. If there is sufficient evidence of a mental health disorder of an individual, the court shall order a forensic psychiatric examination to establish his mental state.
“Only the court, based on the results of the examination, can decide to establish the incapacity of this person and establish direct guardianship over him, that is, appoint a guardian,” the lawyer emphasizes.
This could be a guardianship authority, a medical institution, or a specific person who will be appointed as a guardian and will be responsible.
How is a person’s incapacity recognized?
According to the expert, the period for which incapacity is established may be revised.
Want to rest? Come to Facti.GAMES!
“In our practice, we have a person with Down syndrome who is declared incompetent for a year, and every year we need to go to court to confirm the incapacity of this person and establish guardianship,” Kravets gives an example.
A person is recognized as incompetent from the moment a court decision on this enters into legal force and is limited in certain rights, in particular, he does not have the right to make any transactions.
“Transactions on his behalf and in his interests are carried out by a guardian, who is also responsible for damage caused by an incapacitated individual,” the lawyer claims.
Civil capacity is restored by the court upon the application of the guardian or guardianship authority. This is possible if it is established that, as a result of recovery or a significant improvement in mental state, the person can again understand the meaning of his actions and manage them.
