Civil capacity means that a person understands their actions, can manage them, be responsible for them, acquire rights, and perform duties. It depends on age, mental state, and other circumstances. It affects, for example, when a person can start working, sign contracts, buy or sell property, and when they are legally responsible for their actions.
At what age does legal capacity begin and in what cases can it be limited or lost, lawyers from the free legal aid system tell us.
When legal capacity is acquired
Children under 14 years of age have partial legal capacity. They can independently make small household transactions, for example, buy goods in a store, and use the results of their intellectual or creative activities, for example, submit their drawing to a competition.
They are not responsible for the damage they cause. It is borne by their legal representatives - parents, adoptive parents or guardians. For example, if a child beats a classmate, the parents can be held administratively liable.
From 14 to 18 years of age, adolescents acquire partial legal capacity. They can independently carry out certain transactions with the consent of their parents or guardians, for example, work. And manage their earnings, scholarships or other income. And if a child marries at the age of 16-17, they will receive full civil capacity.
Children aged 14-18 are already personally responsible for their actions. Administrative, criminal - from the age of 16, and for serious crimes - from the age of 14. In the absence of sufficient property to compensate for damages, additional responsibility is borne by legal representatives. For example, if a 17-year-old student breaks a window, then if he receives a scholarship, he can compensate for the damages himself. If he has no income - his parents will pay.
From the age of 18, people have full civil capacity.. However, it can be limited or lost.
In what cases can a person's legal capacity be limited or lost?
A person's legal capacity can be restricted if they have an addiction (alcohol, drugs, gambling) and this addiction poses threats, including economic threats (for example, huge debts), to their loved ones. Or the person has mental disorders that make it difficult for them to control their actions.
People can become incapacitated if, as a result of a chronic, persistent mental disorder, they are unable to realize the meaning of their actions and (or) control them.
There must be sufficient grounds and evidence (expertise, medical report, witness statements, etc.) to restrict or deprive a person of legal capacity.
Who restricts and deprives of legal capacity
Such cases are considered by the court. Restrictions or deprivation of legal capacity can be initiated by:
- family members and close relatives;
- guardianship and trusteeship body;
- psychiatric care facility.
What are the consequences of restricting civil capacity?
A guardianship is established over a person. This means that only the guardian gives consent to such a person to dispose of property (for example, sell, donate), receive and dispose of earnings, pensions, scholarships, other income (or may give written consent to do this to a person with limited legal capacity).
A person whose civil capacity is limited is independently liable for his/her violation of a contract concluded with the consent of the guardian, and for the damage he/she caused.
What are the consequences of declaring a person incapacitated?
A guardianship is established over a person. From that moment on, the guardian performs all actions that have legal consequences on behalf of the incapacitated person and is responsible if his ward causes any harm.
How to get help with going to court
People whose civil capacity is being restricted or deprived of legal capacity are required to be represented by a lawyer. He or she will ensure that human rights are not violated.
The state guarantees free legal services for such clients, and the system for providing legal aid appoints a specialist. This person or their family member does not need to apply for this on their own, there is a special procedure.
If you want to limit the legal capacity or deprive a relative of it, you can receive free assistance with applying to the court if you belong to the categories of persons who are entitled to it: IDPs, people with low income (able-bodied - if income is less than 6056 UAH; pensioners (by age, years of service, etc.) - if income is less than 4722 UAH; people with disabilities - if the pension or allowance assigned instead of a pension is less than 6056 UAH), UBD, family members of deceased (deceased) participants in hostilities, Defenders of Ukraine.
How to apply to the free legal aid system
https://legalaid.gov.ua/kliyentam/yak-otrymaty-bpd
Examples of assistance in court
Due to a mental illness, the daughter needed constant care: to be declared incompetent and to appoint a guardian, she had to go to court twice.
Mr. Anatoliy's daughter has been disabled since childhood. Due to a mental illness, the girl requires constant care. In order to declare her daughter incapacitated and obtain guardianship over her, the man turned to the BPD system for help.
Anatoliy is an internally displaced person, so he has the right to assistance with applying to court.
The lawyer prepared a statement of claim to the court, to which she submitted the necessary documents. In addition, the guardianship and trusteeship authority sent the court a conclusion on the advisability of appointing Anatoly as a guardian. However, the court did not satisfy the claim, reasoning that the case materials did not provide convincing evidence.
Then the lawyer filed an appeal. During the consideration of the appeal, the court took into account the evidence provided and ordered a forensic psychiatric examination. According to the expert's conclusions, due to her mental state, Anatoly's daughter cannot realize the meaning of her actions and control them.
Therefore, the court upheld the appeal and, by its decision, declared Anatoly's daughter incompetent, appointing him as the girl's guardian.
More about the case – here.
He wanted to become his wife's guardian because of her depressive state - the woman's rights were protected in court
Kateryna's husband filed a lawsuit with the court to declare his wife incompetent, establish guardianship over her, and appoint a guardian. In the lawsuit, he noted that Kateryna, after experiencing stress due to her brother's death, is under the supervision of a psychiatrist in a psychiatric outpatient clinic.
The court considered the claim and decided to appoint a defense attorney for Kateryna. The Interregional Center for Free Legal Aid appointed a lawyer who cooperates with the BPD system to represent Kateryna's interests in court.
During the court hearing, the lawyer did not support the application to declare the person incompetent, as there were no good reasons for this. The representative of the guardianship and trusteeship authority also did not support the application. According to the conclusion of the forensic psychiatric expert, Kateryna does not exhibit any significant disorders of attention, memory, or thinking.
Therefore, the court refused to satisfy the claim of Kateryna's husband.
More about the case – here.