Application for recognition incapable: sample

People who cannot realize their actions, as well as lead them, is called incapable. Such status can be assigned only in court established by civil proceedings. In this case, a person ceases to acquire the rights, create and execute social responsibilities. However, he does not lose legal capacity. Such a procedure is accompanied by submitting a certain application to the judicial authority. Consider a sample of a written petition for the recognition of the person incapacitated.

1
Basic concepts

Very often, people confuse the term incapacity for inconvenience due to the overall basis for assigning such status - a serious spiritual disorder. However, in order to correctly formulate requirements in court, you need to operate with concepts. Inchangeability is recognized in relation to a certain illegal act and is regulated by criminal law. Accuracy is deprived of a citizen in general, and not about any action. In addition, this process is regulated civil Procedure Legislation (Code of Civil Procedure).

2
Causes of petition

The most common reasons for submitting an application to the court on recognition of the person are incapable:

The commission of the purchase and sale of property, the owner of which is a sick person.
Registration of pensions and social benefits for such a citizen.

The person recognized as incapacitated is not deprived of property rights, but the transactions can do it personally. In the case of his recovery, a reverse process is carried out - recognition of its capacity ( art. 286 Code of Civil Procedure of the Russian Federation).

Application for recognition of a citizen capable here.

An example of a citizen recognition statement here.

3
Basis

In order to fully or partially limit a person in the ability to dispose of their rights, there must be weighty reasons:

Due to the age of a person: when the person who has reached old years, loses the ability to control their actions.
Due to serious mental illness, as a result of which a person cannot accept adequate decisions. In court you need to be guided by the medical criterion.
Partial incapacity. In this case, the person understands the meaning of his actions, and it does not have the opportunity to lead them. During the meeting, point to the volitional aspect.

Any of the listed cases can be the basis for initiating the case of incapacity in court. The main thing is that the applicant can confirm his arguments simultaneously on both positions - medical and legal.

4
Who can petition

Article 281 Code of Civil Procedure of the Russian Federation Sets the circle of persons entitled to submit an application with a request to recognize a person incapable. They can be:

Family members are parents, children, brothers and sisters of an unhealthy person.
Other close relatives, subject to collateral with patients.
Guardianship and guardianship.
Honey / social institutions working with the category of mentally ill.

The place of submission of such a statement is established in accordance with art. 281 Code of Civil Procedure of the Russian Federation (p. 4).

5
Sample application

When making the aforementioned document, consider the following nuances:

Appeal is not claimed, so it should be called "statement". This is explained by the fact that there is no dispute and persons with opposite interests, but there is an applicant ( art. 31 GPK).
In the text of the document, do not write unnecessary requests. The court indicates only the fact of incapacity and is not engaged in establishing guardianship. To do this, contact the relevant authorities (guardianship and guardianship).
In addition to the so-called header, a written petition consists of three parts. The first indicates the applicant's personal data and whom he has a patient. The second part is leaking, and the third contains a list of attached documents.

Make an application for a typical sample proposed below.

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Together with the petition for consideration, evidence is subject to what recognition is possible. These securities can be medical extracts and conclusions indicating the fact of mental illness. In addition, it will require confirmation of related relationships and paying state duty.