Alcohol dependence refers to one of the manifestations of substance abuse. The constant use of alcoholic beverages has a disease-causing effect not only on the internal organs of the drinking person, but also on his nervous system. As a result of intoxication, the will weakens, which leads to uncontrollable behavior. Binges, aggressive behavior, worsening financial condition complicate the situation of the family. Recognition of an alcoholic as an incompetent person deprives him of the opportunity to consume alcohol in the same volumes.

Alcoholism is a disease caused by addiction to drinks containing ethanol. The cause of painful cravings in an alcoholic is due to a physiological cause. The human body produces several milliliters of ethyl alcohol, which is necessary for metabolic processes. With the introduction of alcohol from the outside, its own production stops, and the need persists.

The chronic stage of alcoholism is characterized by the degradation of the personality, a decrease in the intellectual level. The patient has memory lapses, attacks of aggression, depression. He is capable of harming himself, his loved ones, those around him.

Attention! Since the law prohibits compulsory treatment, in such cases the question arises of limiting or depriving one of legal capacity.

  1. A guardian is a legal representative of an incompetent person in all instances, carries out all civil law relations on his behalf, in his interests.
  2. The trustee controls the actions: behavior, spending money, disposing of property. If necessary, helps the ward to protect their interests.


To deprive or restrict the rights of a person suffering from alcohol dependence, it is necessary to file (city or district) at the place of his residence or the address of the psychoneurological dispensary where he is currently being treated.

How can an alcoholic be recognized as incompetent?

The following have the right to apply to the judicial authorities for recognition as incompetent:

  • parents, children, sisters, brothers, regardless of cohabitation with an alcoholic;
  • family members;
  • distant relatives living at the same address;
  • guardianship and guardianship authorities;
  • medical institutions where an alcoholic is observed.

The procedure for recognizing an alcoholic as incapacitated, the necessary documents and grounds:

Preparation of documents.

The evidence base will require:

  • certificate of diagnosis from a psycho-neurological dispensary;
  • testimonies of witnesses about binge drinking and behavior;
  • certificate from the police about illegal behavior.

Court application.

The document states:

  1. information about the applicant (last name, first name, patronymic, place of residence);
  2. the name and location of the judicial body;
  3. interested persons (prosecutor, guardianship and guardianship authorities);
  4. information about the specialist who conducted the medical examination;
  5. list of supporting documents.


The text of the appeal contains detailed information about a person with alcohol addiction (name, place of residence, mental state), petitions for a request to the psychoneurological dispensary for a medical history, a medical examination, a link to testimonies and information from the police about misconduct.

Conducting an examination by court order.

If there is a certificate from a psychiatrist about a mental deviation, a conclusion on the assignment of disability for this reason, a medical examination will be in absentia. In other cases, the patient should be examined by a psychiatrist at the place of residence or treatment.

Trial.

During the court session, the applicant, the prosecutor and interested persons speak. If possible, the court will question the person against whom the application is filed. The medical expert, the attending physician will present conclusions about the state of the patient's psyche. If there is evidence, the citizens indicated in the application will be involved.

After considering the case, the court makes a decision on declaring the citizen incompetent and transfers it to the guardianship and guardianship authorities for the appointment of a guardian.

The procedure is reversible: upon restoration of mental functionality by a court decision, a person regains rights. The guardian must apply to the judicial authority with medical reports, testimonies. The judicial process proceeds in the same way as in case of deprivation of rights.

How to legally stop drinking at the household level, recognizing an alcoholic with limited legal capacity?

Apply to the court for recognition of the restriction of rights have:

  • family members;
  • relatives living at the same address;
  • representatives of the guardianship and guardianship authority.

The structure constraint statement is similar to the statement about . It lacks information about mental illness, the need for an examination. The evidence base consists of testimonies, account statements, a certificate from the police (in case of house calls due to the hooligan behavior of an alcoholic). The deterioration of the financial situation of the family can be confirmed by witnesses, information about accounts payable, IOUs of an alcoholic.

The court decision on the limitation of legal capacity is transferred to the guardianship and guardianship authorities, which appoint a trustee from among the willing family members or by their own decision. The trustee cannot, without the consent of the ward, send him to a psychoneurological dispensary for treatment for alcoholism.

A person with limited legal capacity has the right to apply to the court with an application for restoration of rights if he presents witnesses and material evidence of his cure for alcohol craving and behavior correction.

Alcoholism is a progressive chronic disease. Its consequences are the deterioration of health, including mental. The behavior of an alcoholic destroys family relationships, worsens material well-being. Recognition as incapacitated is a legal opportunity to stop the process of degradation of the personality of a drinking person.

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If you found this article, then I think you need an answer to a specific question. Therefore, we will not describe what is legal capacity and other theory and will go straight to the topic of your question.

Who can be considered incompetent

Not every citizen can be recognized as incompetent. The law establishes a clear list of persons who can be recognized as legally incompetent. Such persons include citizens who meet two criteria:

  1. they do not understand the meaning of their actions;
  2. they cannot independently direct their actions.

At the same time, such a citizen can both deprive of legal capacity and limit it. It depends on the degree of violation of his ability to understand his actions and lead imm. For example, if such a citizen can still understand the meaning of his actions and manage them, but only with the help of other persons, the court limits him in his legal capacity. For deprivation of legal capacity, a persistent misunderstanding of one's actions and a complete inability to manage them is necessary.

It is also worth remembering that the court can limit the capacity of a citizen who was previously recognized as completely incapacitated, but only if his mental and physical condition improves so much that he will be able to understand his actions and manage them.

Is it possible to recognize an alcoholic as incompetent?

The answer to this question is unambiguous - it is impossible. A citizen who abuses alcoholic beverages or alcohol can be recognized, at the request of his family members, only with limited legal capacity. However, if such a citizen, as a result of the use of alcoholic beverages or drugs, has ceased to understand the meaning of his actions and manage them (even with the help of unauthorized persons), then he can be recognized as incompetent on the basis of a mental disorder caused by the relevant substances.

Is it possible to recognize an elderly person as incompetent?

Old age, in itself, is not an unconditional basis for declaring a person incompetent. Although an elderly person no longer possesses the same intelligence as young people, an elderly person can only be recognized as incapacitated on the basis of a mental illness, as a result of which he no longer understands the meaning of his actions.

Who can file an application for recognition of a citizen as incapacitated?

It is possible to recognize a citizen as incompetent only in a judicial proceeding. To do this, you must apply to the court with the appropriate application. However, not every person can apply, the circle of persons who are granted such a right is prescribed in the law. So to apply for recognition as incapable of a citizen can:

  1. family members;
  2. close relatives (parents, children, brothers, sisters);
  3. guardianship and guardianship authorities;
  4. medical organizations providing psychiatric care.

The procedure for declaring a citizen incompetent

Now that you have understood who can be recognized as incapacitated and who can do this, let's look at the procedure for recognizing a citizen as incapacitated.

Step 1: Find out if you are eligible to apply

To do this, return to the beginning of the article and carefully study the list of persons eligible to submit such an application.

Step 2. Draw up an application for recognizing a citizen as incompetent

To apply to the court with the said statement, you need to draw it up in compliance with all the rules provided for by law. So, it should contain the following information and the following documents should be attached:

The application itself for recognizing a citizen as incapacitated (you can view and download its sample below on our website)

Receipt of payment of state duty in the amount of 300 rubles

Documents confirming your relationship (for example, marriage or birth certificate)

Documents that confirm mental illness (this may be a certificate of disability, a psychiatrist's conclusion, an extract from an outpatient card, etc.)

Petition for medical records (if you can't get them yourself)

*You can pay the state duty at any bank by providing a receipt for payment of the state duty. You can download it on the official website. After you have clicked on the link, select the court to which you are applying, and then select the "Filing an Application for Special Proceedings" option. Fill in your full name and address and print out the cavitation. With it, go to the bank (do not forget to attach a check to your application after payment!).

1. A citizen who, due to addiction to gambling, alcohol or drug abuse, puts his family in a difficult financial situation, may be limited by the court in legal capacity in accordance with the procedure

He has the right to independently make small household transactions.

He can make other transactions only with the consent of the trustee. However, such a citizen independently bears property liability for transactions made by him and for the harm caused to him. The trustee receives and spends the earnings, pension and other incomes of a citizen restricted by the court in his legal capacity, in the interests of the ward in the manner prescribed by Article 37 of this Code.

(see text in previous edition)

2. A citizen who, due to a mental disorder, can understand the meaning of his actions or manage them only with the help of other persons, may be limited by the court in his legal capacity in the manner prescribed by the civil procedural legislation. Guardianship is established over him.

Such a citizen makes transactions, with the exception of transactions provided for by subparagraphs 1 and 4 of paragraph 2 of Article 26 of this Code, with the written consent of the trustee. A transaction made by such a citizen is also valid if it is subsequently approved in writing by his trustee. Transactions provided for by subparagraphs 1 and 4 of paragraph 2 of Article 26 of this Code, such a citizen has the right to make independently.

A citizen limited by the court in his legal capacity on the grounds provided for in this paragraph may dispose of the alimony paid to him, social pension, compensation for harm to health and in connection with the death of the breadwinner and other payments provided for his maintenance with the written consent of the trustee, with the exception of the payments that are indicated in this Code and which he has the right to dispose of independently. Such a citizen has the right to dispose of the specified payments within the period determined by the trustee. The disposal of these payments may be terminated before the expiration of this period by decision of the trustee.

If there are sufficient grounds, the court, at the request of the trustee or guardianship and guardianship authority, may restrict or deprive such a citizen of the right to independently dispose of his income, specified in subparagraph 1 of paragraph 2 of Article 26 of this Code.

A citizen whose legal capacity is limited due to a mental disorder shall independently bear property liability for transactions made by him in accordance with this article. For the harm caused by him, such a citizen shall be liable in accordance with this Code.

New practice: the courts began to actively restrict the legal capacity of gamers and alcoholics. This means that a person ceases to be the master of his wallet: relatives will take control of expenses.

According to the Judicial Department at the Supreme Court of Russia, the number of citizens with limited legal capacity has sharply increased over the year. Last year, 342 people close to them were taken under financial supervision. This is much more than the year before.

The very possibility of limiting legal capacity for gambling and drinking appeared four years ago after large-scale amendments were made to the Civil Code.

Restriction of legal capacity implies the establishment of guardianship over a citizen. Then it will no longer be the alcoholic or gambler himself who will receive and spend his salary, pension, etc., this will be done by the trustee.

As lawyer Victoria Danilchenko explained to RG, a citizen's legal capacity can be limited solely by a court decision and only in cases strictly prescribed by law.

In total, there are three points in the law: addiction to gambling, alcohol or drug abuse, which puts the family in a difficult financial situation. As well as a mental disorder, as a result of which a citizen cannot understand the meaning of his actions.

The fundamental point: to restrict the rights of a hard drinker, it is not at all necessary that doctors diagnose him with alcoholism. No, it will be enough that the father's binges went to the detriment of the family. That is, dad drinks, and the children do not have enough for bread. The same is expected with the game.

To restrict human rights, it is not at all necessary that doctors diagnose him with alcoholism.

One of the important questions: how to prove that roulette or booze began to interfere with life? There were special explanations of the plenum of the Supreme Court of Russia on this score. As evidence in this case, any means of proof from among those listed in Article 55 of the Code of Civil Procedure of the Russian Federation can be used. This means - to prove that the hobby, for example, cards or a glass is already harmful, it will be possible, including with the help of video recordings. Also, the courts will have the right to listen to the testimony of witnesses, expert opinions, and so on.

The trouble of a gamer or alcoholic often ceases to be personal. For many families, such a person becomes a heavy burden. Can bad habits be cured? There are different opinions on this matter. But the law also provides for legal treatment: a citizen can be recognized as having limited legal capacity.

At the same time, there is a prerequisite: a person's passion for the game must harm the family. Suppose he loses all the money in cards, he can lose a car and an apartment, leave his family without a roof over his head. For some time after the adoption of the law, law enforcers seemed to be wary of using such a procedure. But now the practice is being developed.

True, mental disorders are often the reason for the limitation of legal capacity. As one of the lawyers told RG, in his practice there was a case when a husband asked to limit his wife's legal capacity. According to him, the wife behaved inappropriately, and recently she began to look for buyers for an apartment. There was a risk that the family would be left without a roof over their heads, since this is not a deliberate deal that involves moving, exchange, but an incomprehensible whim. According to the lawyer, the woman underwent a psychiatric examination, which confirmed the fact of mental illness. Therefore, the court decided to limit her legal capacity. Husband appointed as trustee.

It is important that with mental disorders, disability becomes a mild option for solving the problem. A person is not deprived of all civil rights, which happens with the deprivation of legal capacity. He is not locked up in a mental hospital, he continues to live as he lived. Only his finances and property are under control. And a citizen always has the opportunity to apply to the court for protection if he disagrees with something.

"Restricting the legal capacity of persons addicted to gambling, abusing alcohol and drugs, suffering from mental disorders is a necessary tool for preventing violations of the legitimate rights and interests of citizens," says Victoria Danilchenko.

The law establishes that the court considers an application for limiting the legal capacity of a citizen with the participation of the citizen himself, the applicant, the prosecutor, a representative of the guardianship and guardianship authority. If the grounds on which the citizen was limited in legal capacity have disappeared, then the court can cancel the decision and return the financial rights to the person. The established guardianship will also be cancelled. In other words, limitation is not eternal. If a person has stopped drinking or gambling, he himself can come to court and restore his status.

They are a danger not only to those around them, but also to themselves.

Therefore, there is nothing left for close people but to recognize an alcoholic as incompetent, and where to start a complex procedure is described in this article.

What does the concept of "capacity" mean?

From birth, a person is endowed with certain rights, that is, he becomes legally capable.

But since in childhood and adolescence his psyche is still unstable, he is not able to fully assess what is happening and make decisions on his own.

Which means he's still incompetent. Therefore, all decisions for him are made by parents or guardians.

Partial legal capacity occurs at the age of 14 years. Now the child can get a job, manage money, but only with the consent of the parents or guardians. He also bears legal responsibility for the acts committed.

A person becomes fully capable at the moment of coming of age, that is, at the age of 18. By this age, he begins to make conscious actions and is able to analyze them.

Therefore, an adult citizen has the right to do the following:

  1. get married and start a family;
  2. manage funds, make purchases and transactions with real estate;
  3. protect their rights and interests in court and other instances;
  4. bear legal responsibility for committed actions and transactions;
  5. take part in election campaigns.

A capable citizen is endowed with the rights and obligations provided for by Russian law.

Why does a person become disabled

There are many diseases that deprive a person of legal capacity.

Therefore, he cannot acquire this status even after reaching the age of majority.

And here it is important to determine how incompetent a citizen is - in whole or in part.

If a citizen is completely incompetent. In this case, we are not talking about insanity, but only about the loss of legal functions.

Completely incompetent recognize people with mental illness.

Such people are not able to think adequately. They cannot control their actions and realize the possible consequences.

If a citizen is partially incapacitated. This category includes people who have any kind of addiction -,.

Any dependence deprives a person of will, violates moral principles. Alcoholics, drug addicts and gamers lose their self-control. For the sake of getting money, these people commit various crimes, sell property. If there is evidence, their legal capacity is limited.

Guardianship is established over people who are recognized as completely incapacitated, and in case of limited incapacity - guardianship.

Therefore, the question of whether it is possible to recognize an alcoholic as incompetent cannot be answered unambiguously. To do this, you need to prove that he has a serious mental disorder. Most often, capacity is partially limited.

If a citizen undergoes a course of treatment that allows him to regain the ability to realize his actions, the ability to control his will and behavior, the status of legal capacity is restored.

In what cases can an alcoholic be declared incompetent?

The possibility of exercising control over alcohol-addicted people appeared several years ago, when Art. 30 of the Civil Code of the Russian Federation were amended.

It states that the restriction of legal capacity is possible in relation to a citizen who, due to addiction to gambling, alcohol and drugs, puts his family in a difficult financial situation.

Is it possible and how to recognize an alcoholic incompetent?

This can be done if the following factors are present:

  • an official document confirming the presence of a mental illness;
  • a document proving that mental illness was a consequence of alcohol abuse.

This is a very time-consuming procedure, therefore it is more expedient to limit the legal capacity of an alcoholic. This status can be assigned to a person who commits the following acts:

  1. he does not control the amount of alcohol he drinks;
  2. he is not able to control his actions, shows aggression towards others, has no willpower;
  3. he is mired in debt, communicates with dubious people, his actions negatively affect the financial well-being of the family.

Making a decision to restrict a relative's legal capacity is a serious step. But he becomes the only way to protect his family from the illegal actions of an alcoholic.

Registration procedure

To recognize an alcoholic as partially incompetent, you need to write a statement of claim to the court.

The following persons may initiate this procedure:

  • close relatives, including parents, children, brothers and sisters, regardless of their place of residence;
  • distant relatives living with an alcoholic;
  • representatives of guardianship authorities;
  • psychiatric institutions;
  • social security authorities.

It should be noted that one application for the court is not enough. It is necessary to provide evidence, audio recordings, photographic and video filming, confirming that the person has lost control over his actions.

If he committed illegal acts, it is necessary to prepare protocols drawn up by the police. If there are debts, copies of bank statements.

Now you need to do the following:

  1. to conduct a medical assessment of the legal capacity of the ward;
  2. draw up a statement of claim at the place of its registration;
  3. send the collected package of documents to the court;
  4. invite witnesses to the hearing;
  5. come to the meeting in person.

The incapacitation procedure can be greatly simplified by hiring a lawyer who will represent the interests of the plaintiff in court.

Required package of documents

It is necessary to provide the court with documents that will help clarify the situation and become convincing evidence of the inappropriate behavior of an alcohol addict.

These include the following:

  • passports of the applicant and the citizen against whom the court session is initiated;
  • information about the composition of the family;
  • medical documents issued after medical examination. surveys;
  • if the alcoholic is registered with a drug addiction dispensary, a certificate must be provided;
  • documents confirming family ties with an alcoholic;
  • act of medical examination for legal capacity.

Having received the court decision in hand, the applicant should take it to the guardianship authorities for registration of guardianship.

Consequences of disability

Knowing how to recognize an alcoholic incompetent and where to start this procedure, you should familiarize yourself with the rights and obligations that remain with the ward.

These include the following:

  1. the possibility of making small household purchases;
  2. bearing responsibility for financial transactions carried out personally by an alcoholic;
  3. responsibility for harm caused to others.

The trustee receives the salary, pension and other payments on behalf of the alcoholic. He also makes legal transactions and large household purchases.

Conclusion

Alcohol is a poison that destroys the internal organs and systems of a person. .

Therefore, a person who has been drinking alcohol uncontrollably for several years becomes dangerous to others.

Restricting his legal capacity becomes the only right decision that allows the family to improve their financial situation, save property and, most importantly, life.

Video: How to recognize an alcoholic as incompetent? / Narcologist records