Incapacity

Incapacity: concept and legal aspects

Incapacity is a legal term that means the loss of a person's ability to exercise his civil rights and responsibilities due to profound mental impairment. This means that an incompetent person cannot independently perform legally significant actions, such as concluding contracts, inheriting, making transactions, etc.

A person may be declared incompetent only by a court after a forensic psychiatric examination. The examination is carried out by specially trained psychiatrists and psychologists who determine whether a person has a mental disorder and its impact on the ability to exercise civil rights and responsibilities.

Declaring a person incompetent has serious consequences both for the person himself and for his relatives. The incapacitated person becomes completely dependent on a guardian, who is appointed by the court and who is obliged to care for the incapacitated person and protect his interests. A guardian can be appointed either an individual or an organization that is licensed to provide guardianship.

It is important to note that incapacity does not mean a complete loss of personality and right to life. An incapacitated person retains his personality and human dignity, and his rights and interests must be protected by the guardian and the court.

In conclusion, disability is a serious mental disorder that requires special attention and care. Declaring a person incompetent is a legal act that has important consequences for the incapacitated person and his relatives. However, it is important to remember that the incapacitated person retains his personality and human dignity, and his rights and interests must be fully protected.

Incapacity is a status in which a person cannot carry out his life activities independently and requires increased control from society. This condition can be caused by various factors, but its causes are the same in all cases - impaired brain functioning. People become unable to partially or completely control themselves due to various diseases (mental disorders, psychiatry).

Recognition of incapacity occurs in exceptional situations by the court upon applications from guardianship organizations. To do this, you must undergo a forensic psychiatric examination. During the process, the expert makes a decision on the person’s condition and the need to recognize him as incompetent. Treatment of incompetent citizens and their incompetent guardians is carried out at the expense of the state.