The procedure by means of which it is possible both to recognize the person as incapacitated and to establish over him guardianship, is completely stated in the legislation. But not to be torn through unclear legal terms, let's consider basic provisions of these regulations and, thus, we will define what needs to be made for recognition of incapacity.
What it is necessary to make to recognize the person as incapacitated?
To recognize that the person cannot be responsible independently for the actions, in whole or in part, only the court can. Therefore, the first that will need to be made, it to write the statement in which it is specified that such citizen, in your opinion, cannot sensibly assess the consequences of the actions and you ask court to consider case of recognition it incapacitated. The application is submitted at the place of residence, and after its consideration a preliminary trial date at which is defined whether there are bases to conduct judicial proceedings is set.
It is necessary to be prepared for preliminary hearing, that is it is required to collect proofs that the person really cannot sensibly estimate the actions and their consequences. For example, as the proof it is possible to show the reference from the doctor where it will be written that the person suffers from a mental disease, or, let us assume, from dementia.
If the court takes place, then the expert assessment of a condition of the person will be carried out and on its basis any given decision will be made.
In what cases do recognize the person as incapacitated?
The person can be recognized in whole or in part as incapacitated in three a case. First, because of presence of certain mental diseases which prevent to react to the world around adequately. Secondly, at emergence of age changes in an organism if they also promote that adequately the person is simply not able to perceive reality. And, at last, if the behavior of the person though is not caused by an old age or diseases of mentality, but nevertheless hardly fits the definition of normal.
The last formulation is extremely vague therefore the debts court sessions are conducted by consideration of such affairs. As the text of the law is not exact, the judgment will depend in many respects on proofs.
How to recognize the elderly person as incapacitated?
How to begin to work to recognize the person as incapacitated on an old age, it is described above. Therefore let's talk about what needs to be made after filing of application. At first talk to the district doctor if there is an opportunity, carry out medical examination of the elderly relative and receive the reference where his state from the point of view of the expert will be described.
Not superfluous will be to collect certificates of other relatives or neighbors who can confirm that the person behaves not adequately or makes the acts attracting harming him or people around. With such papers it will be much simpler to overcome preliminary hearing and to achieve a positive verdict of court.
How to recognize the person as incapacitated if he is an alcoholic?
This case also is that the difficult, and ambiguously stated in the legislation moment. And to carry the case, it is necessary to collect as much as possible proofs. For a start visit together with the drinking relative of two experts – the therapist and the narcologist, and ask them to estimate a condition of the person and to write the corresponding medical certificate.
Walk on neighbors, they can provide certificates that the person constantly goes to hard drinkings and behaves not adequately, not superfluous will be to visit also the last or current employer of the drinking relative if he, of course, is available. There you will be able to get proofs that the person constantly takes alcohol too and is in a state when he cannot make the sensible decision.