When a person is to be incapacitated, we are talking about incapacitating his or her capacity to act. The Civil Procedure Law regulates the process of incapacitation or the modification of the capacity to act . This action pursues a judicial declaration by which the capacity to act of a person who cannot govern himself or herself is restricted.
The process to incapacitate a person
The process of incapacitation or modification of the capacity to act spam database seeks to protect the incapacitated person by suppressing or limiting his or her capacity to act and appointing a guardian or curator as his or her legal representative to look after his or her interests.
«The process of incapacitation seeks to protect the incapacitated person.»
Causes of incapacity
Article 199 of the Civil Code states: " No one may be declared incapable except by a court ruling based on the causes established by law."
Article 200 of the Civil Code states that the causes of incapacity are persistent physical or mental illnesses or deficiencies that prevent a person from governing themselves.
The requirements for there to be a cause for incapacity:
Persistence of the disease or deficiency, that is, it must be a chronic situation or one that lasts over time.
Total or partial impossibility of self-government: the lack of the necessary ability to act for oneself.
Procedure
The Court of the place of residence of the alleged incapacitated person is competent, article 756 of the Civil Procedure Law. It is substantiated by the procedures of the verbal trial with specialties, article 753 LEC .
Since this is a process regarding non-dispositive rights, the appearance by means of a solicitor and the assistance of a lawyer is mandatory, unless the parties are defended by the Public Prosecutor's Office.
Within the incapacity process, the establishment of a guardianship or curatorship regime may be requested, naming the person or persons who will exercise the position. The action for incapacity may be combined with the action for the appointment of the person or persons who are to assist or represent the incapacitated person.
The procedure begins with a claim , where the judge is informed of the existence of a person with a presumed lack of capacity, and in which the appointment of a legal representative may also be requested.
The claim is notified to the presumed incapacitated person so that he may respond within 20 days . If he does not respond, he will be represented by the Public Prosecutor's Office.