Are you wondering how to restrict someone’s legal capacity? Do you have a family member who drinks too much and endangers you or your loved ones? Would you like to gain control by restricting their legal capacity? What are the options and requirements for a proposal that must be submitted to the court to make a decision? We have written specific procedures, a template, and other information just for you.
Restricting Legal Capacity
Let’s first explain what legal capacity means according to the Civil Code. It is the ability to acquire rights and obligations through one’s own legal acts (to legally act). We gain full legal capacity when we are of age. We can therefore enter into contracts, acquire various rights, and take on obligations.
However, during life, it may happen that we are no longer able to communicate with authorities and be responsible for ourselves to the full extent. In this case, it is possible to restrict a person’s legal capacity and an appointed guardian can assist them in these matters. However, complete restriction of legal capacity is not possible, and even restrictions must always be temporary and have clear rules.
Procedure for Restricting Legal Capacity
Firstly, it must be said that the court decides on restricting legal capacity. Therefore, it is necessary to submit a proposal explaining why it is essential to restrict legal capacity and describing the evidence that demonstrates that the person is at risk without this action. It is advisable to attach medical reports or other evidence that proves the condition of the person to be deprived of legal capacity.
The court then appoints an expert to verify the request, hear the person concerned, and determine their opinion. Once everything has been properly investigated, the court issues a judgment. If legal capacity is restricted, the court will define the specific areas where legal capacity is restricted, for how long, and also appoint a guardian. The guardian is usually a spouse, parent, or adult child.
Restrictions on legal capacity are usually set for 3 years, but a maximum of 5 years. A new proposal must then be submitted.
So, can an alcoholic be deprived of legal capacity?
If a family member threatens you through excessive alcohol consumption and you would like to find relief, you may have wondered how to deprive this person of legal capacity. As we wrote in the paragraphs above, everything has its conditions and requirements, and according to the new Civil Code, restricting legal capacity is more complicated than it was previously.
It is certainly good to have medical reports about the person’s hospitalisation. For example, reports from the police if the person is aggressive, or from a detoxification centre. Records of attempts to treat alcoholism. If a proposal is subsequently submitted to the court, treatment may also be ordered.
For whom else is it appropriate to consider restricting legal capacity?
- if the person develops Alzheimer’s disease
- if they exhibit senile dementia
- if they suffer from schizophrenia
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