How to recognize a person as incapacitated?

A person has legal capacity until the moment when his/her incapacity is established in a court of law. The only basis for declaring a person incapable is the presence of a chronic, persistent mental disorder, as a result of which he is unable to realize the meaning of his actions and (or) manage them (Article 39 of the Civil Code of Ukraine).

An application to limit the civil legal capacity of a natural person, including a minor, or to recognize a natural person as incompetent is submitted to the court at the place of residence of this person, and if he is being treated in a drug or psychiatric institution - at the location of this institution.

In the application for recognition of a natural person as incapacitated, the circumstances indicating a chronic, stable mental disorder, as a result of which the person is unable to realize the meaning of his actions and (or) manage them (Part 3 of Article 297 of the Civil Procedure Code of Ukraine) must be stated. Application must contain a request and/or a separate petition for the appointment of a forensic psychiatric examination, the name of the medical institution for the examination, a list of questions that must be asked for the examination. (does the person suffer from a mental illness? does the person understand the nature and content of his own actions, can he control them and predict their consequences? does the person need a guardian appointed for him?)