Sample application for recognition of a citizen as legally incompetent
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To the Zhitikarinsky District Court
Applicant: A.L.A., born on 07/14/1976, IIN....,
living at the address: Zhitikarinsky district,
Akkarga village, Novaya str., d. .. sq. m. house. tel. 8-.....
statement
on recognizing a citizen as legally incompetent
My brother M.S.A., born on 07/21/1966, suffered a stroke in July 2014. The disease affected the brain functions. According to the conclusion of the ITU, my brother was diagnosed with moderate right-sided hemiparesis to plegia in the arm, Motor aphasia, grade 3 DEP, risk 4 AGZ. Disability of group 2 was established. Due to illness, the brother has lost the ability to communicate - speech functions are impaired, he cannot direct his actions, and needs constant outside care and guardianship. Currently, I need to establish custody of my brother in order to represent his interests in healthcare institutions, government and other bodies in order to protect his rights. My brother has been living with me since 2015. In accordance with Article 26 of the Civil Code of the Republic of Kazakhstan, a citizen who, due to mental illness or dementia, cannot understand the meaning of his actions or direct them may be declared legally incompetent by a court, and therefore custody is established over him. According to paragraph 2 of Article 323 of the CPC RK, a case on declaring a citizen legally incompetent due to mental illness or mental disorder, dementia or other mental illness may be initiated in court at the request of family members, close relatives, regardless of cohabitation with him, the prosecutor, the body performing the functions of guardianship or guardianship, psychiatric (neuropsychiatric) medical institutions.
Sample application for recognition of a citizen as legally incompetent
Based on the above, art.26 of the Civil Code of the Republic of Kazakhstan, paragraph 2 of art.323 of the Civil Procedure Code of the Republic of Kazakhstan, I ask: to declare M.S.A., born on 07/21/1966, a native of the Ulyanovsk region of Russia, incompetent. appoint M.S.A., born on 07/21/1966, for a forensic psychiatric examination.
Appendix: a copy of the ITU report; a copy of the disability certificate; a copy of the pension certificate; 2 copies of the birth certificate; a copy of the marriage certificate; 2 copies of identity cards; address certificate; receipt of payment of state duty.
A.L.A. On August 06, 2018
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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