The request for recognition of a person as incapable has gained significant relevance as the ongoing military actions in Ukraine have resulted in many people suffering from psychological and emotional trauma due to the aggressive actions of the Russian Federation against the Ukrainian people. Many citizens have become victims of extraordinary circumstances, leading to serious mental disorders, and now require protection and support through the establishment of guardianship over them. The number of people needing such protection has disproportionately increased compared to the situation before the aggressive actions by the attacker.
Despite this situation, many people lack a proper understanding of the procedure for legally recognizing a person as incapable and appointing a guardian for them. Such uncertainties in the legal field can hinder the provision of proper protection and support for those who need it most.
A request for recognizing a person as incapable is considered by the court according to the place of residence of the specified person. If they are undergoing treatment, the procedure is conducted according to the location of the psychiatric institution. The request must specify the circumstances proving the existence of a chronic and persistent mental disorder.
Such cases are considered by the court in the presence of the applicant and a representative of the guardianship and custodianship authority. Depending on the health condition of the specified person, their participation may be conducted via video conference from a psychiatric or other institution. The necessity of their presence at the hearing is decided by the court, considering their health condition. To establish whether the person can appear in court or provide an explanation personally, the court may appoint an expert examination. In practice, if the application is supported by relevant evidence, the court may decide not to summon the specified person to the hearing.
Recognizing a person as incapable entails a number of legal consequences that directly affect their life and legal status:
- Guardianship and Appointment of a Guardian: The court establishes guardianship over the incapable person, appointing a guardian responsible for protecting their interests and rights.
- Limitation on Transactions: The incapable person loses the ability to independently enter into contracts and other transactions due to their persistent mental disorder.
- Transactions in the Interest of the Person: The court-appointed guardian acts in the interest of the incapable person, conducting transactions on their behalf and for their benefit.
- Liability for Damage: Since the incapable person lacks the capacity for conscious actions, any damage caused by them is compensated by the guardian.
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Thus, recognizing a person as incapable is closely linked to the institution of guardianship, which ensures the protection and realization of the rights and interests of such a person due to their persistent mental disorder.
A guardian can be a citizen with full legal capacity and the ability to consciously manage their actions, confirmed by reaching adulthood. It is also important for the candidate to have sufficient physical condition to fulfill the duties of a guardian, which can be confirmed by a medical certificate from the relevant healthcare institution. Typically, a guardian is appointed from among family members or relatives of the ward. For example, a father may become the guardian of his son or daughter.
Such family ties ensure a certain level of mutual understanding and contribute to stability in relationships. Given the complexity and responsibility of the process of recognizing a person as incapable, it is advisable to seek assistance from highly qualified lawyers of the Ukrainian Bar and Real Estate Association “AROU” for necessary help and legal support.
