How to Plan for Incapacity
In accordance with the laws of the state or any federation, a court can identify an incapacitated person after reviewing different scenarios. According to the procedure, you have to prove your incapacity in a civil court after submitting a list of documents and evidences.
Even if you are absolutely sure that your family member is suffering from mental illness, unable to take responsibility for their own actions and in need of care, provide compelling evidence for the court in order to file incapacity.
Instructions
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1
Collect all possible documentary evidence that the person is not able to answer for themselves. This statement may be given by the nationals of any state, confirming the inadequacy of the behaviour of the person, presenting the information being provided by health care providers and by the law enforcement agencies. The results after psychiatric examinations will be useful in proving incapacity if they have already been conducted previously.
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2
Pay the state fee set by government and refer to the place of residence of a person over whom you intend to initiate the process or the location of the hospital, if a person is in hospital rehabilitation, to the judicial authority.
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3
Write an application for recognition of incapacity. In a statement, list all the available human medical diagnosis: congenital diseases, disability status and the mental state of the patient. Specify the name of persons whose evidence may confirm your position and provide forensic psychiatric examination. Attach all the collected documents with the application.
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4
Please note that all participants in the trial (including both you and the person against whom you are initiating the process) can represent their issues to court after forensic examination. You can also apply for the examination of any particular expert or vice versa.
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5
Attend the hearing of the court after submitting the necessary documents at the given time and try to ensure the attendance of the witnesses stated by you. You can also be asked to call additional witnesses in the trial if the need arises by any chance. The person for whom the process is conducted along with his legal representative (lawyer), in turn, can actively prove his position to the court. Evidence may be submitted at any stage of the process, but before the jury adjourned the court for decision making.
