What is the procedure and who has the right to go to the court with an application on recognizing the adult person as incapacitated?

Who is eligible to apply:

• Family members or close relatives of the person, regardless of cohabitation;
• Guardianship and custody authorities;
• Institutions providing psychiatric care.

Where to file the application:

• To the court at the place of residence of the person in respect of whom the application is filed.
• If the person is undergoing treatment in a mental health facility, the application is submitted at the location of the facility.

What the application must contain:

• Justification and circumstances confirming that the person suffers from a chronic or persistent mental disorder;
• An explanation of why, due to this disorder, the person is unable to realise the significance of their actions and/or control them;
• Evidence to confirm the above circumstances (e.g. medical certificates or doctor's reports).

Important! In order to consider a case on recognising a person as incapable, the court must appoint a forensic psychiatric examination, which confirms or refutes the state of mental health of the person.