There are situations when one of the relatives suffers from a serious illness that deprives him of the opportunity to independently care for himself and understand what is happening around him. In these cases, a person is not able to dispose of his property, including cash, to make transactions. Often other relatives of the person suffer from this, because they need his consent to carry out any actions or his signature. But, since he does not understand what is required of him, this can be problematic. What to do in such a situation? 
Possible solution to the problem
There are situations when a person living in a dwelling decides to sell it. However, to complete the transaction, he needs the participation of another property owner who is so unwell that he is not aware of what is happening. It should be said that in no notary office does an authorized person confirm the signature of a sick relative on the contract if he has doubts about the person’s ability to understand their own actions and their consequences. Once in this situation, people think about establishing custody of a sick relative. However, before they need to recognize a person as legally incompetent. This is done in court. Let us further consider what kind of person can be declared legally incompetent and how.
The difference from insanity
Before recognizing a person as incompetent, it is necessary to clearly understand what this definition means. Many people confuse him with insanity. When applying to the court, it is necessary to correctly and clearly formulate the requirements. It should be said that the process of recognizing a person’s legal incapacity is not accompanied by any serious difficulties. This procedure can be carried out by a person who does not have special legal knowledge. The same grounds as the presence of a mental disorder are recognized as the basis on which incompetence and insanity are recognized. Moreover, this fact should deprive a person of the ability to understand what is happening and to guide his behavior. Insanity refers to criminal law. Recognition of a person as such is carried out by the court upon the commission of a specific act containing signs of corpus delicti. Insanity means that a person has lost the ability to be aware of their actions and control their own behavior. This, in turn, suggests that a person cannot be held responsible for the actions taken. It is impossible to consider the spouse who is abusing alcohol and scolding, insane. 
Incapacity
It is also established by the court, but in the manner specified in the Code of Civil Procedure. Disability is recognized without regard to any action as a whole. This means that a person is not able to express his will to exercise rights, fulfill obligations, bear responsibility for committed illegal acts. Assessment of a person’s mental state by a court is carried out regardless of any event. If, in accordance with the results of a study of evidence, the authorized body concludes that a person cannot realize the significance of his behavior and control his actions, then he will be declared incompetent. However, any period of this condition is not established.Of course, in the event that the circumstances by which the incapacity was determined are eliminated, the court may recognize the person as fully competent. 
Important point
Based on the foregoing, it should be understood that before recognizing a person as legally incompetent, it is necessary to establish the presence of a mental disorder. Moreover, it should be so serious that as a result of it the person completely loses the possibility of self-control or awareness of what he is doing. An attempt to groundlessly recognize incapacity may lead to negative consequences for the person concerned. For example, the latter decides to take revenge on someone in this way. If the court becomes aware that this appeal was made in the absence of grounds, the least that could be is the recovery of legal costs, including payment for the conduct of psychiatric examination. 
Subjects of law
The court may appeal:
- Distant relatives who live together with a person.
- Children, parents, sisters and brothers, regardless of whether they live together or not.
- Body of guardianship and guardianship.
- An institution providing services to people with mental illness.
- Psychiatric medical facility.
Not being any of the listed entities, a person is not entitled to apply to the court. It also makes no sense to send a statement to the prosecutor's office, since such cases are not in its competence. In this case, it is more advisable to contact the body of guardianship and guardianship located at the place of residence of the person. They will have the right to appeal further to the court.
How to write a statement?
Since recognizing a person as legally incompetent (alcoholic, drug addict, for example) is permissible only when going to court, it is necessary to draw up the appropriate paper. The application is submitted to the city (district) court at the place of residence of the person in respect of whom the procedure will be carried out. If a citizen is in hospital treatment, the appeal should be sent to his location. The application itself will have small content. The appeal should indicate:
- Who the applicant is a citizen and what documents confirm this.
- What diseases a person has, with what papers this is proved.
- How is pathology manifested. Since recognizing an elderly person as legally incompetent is allowed if he does not have the ability to self-service, this circumstance should be stated in the contents of the application. In particular, it is worth pointing out that a person is not able to cook, wash, clean, manage his pension with benefit for himself, is constantly at home, does not leave him, and so on.
In conclusion, reference should be made to regulations. In this case, it will be Art. 29 Civil Code and Art. 281 Code of Civil Procedure. Before recognizing a person as incompetent, you should collect all the additional papers proving his condition. They must be attached to the application, indicating their list in it.
Petitioner
It should state the actual request to the court. It must be remembered that the authorized body can only recognize incapacity. He is not entitled to establish custody of a person. Therefore, this request should not be indicated on the application. Otherwise, a correction of the requirement will be required. Here's how to recognize a person as incapacitated.
