Judicial disability in family members is a delicate issue and it is important to obtain detailed information regarding the legal procedures and consequences. We provide complete, clear advice about each and every step throughout the process, including medical recognition through to acceptation of tutor care, inventory for the disabled person and assigning accounting to a legal representative.
The main point to be considered in these situations is to be sure about the patient’s state of mind. We do not recommend a doctor’s report if the mental disease is obvious, for instance when it is due to old age, but in other cases it would be recommendable, because a court doctor will check him to make sure the patient needs assistance most of the time. If the court’s doctor finds that the patient in question is OK, then the application is dismissed.
When this condition is ascertained by the relative handling the process, a paradox situation occurs, wherein the relative is obligated to sue the patient, even though they live together, as is often the case. If the patient receives it he has the right to respond to it and state whatever he wishes. If not, then the procedure goes ahead.
The claim has to include an explanation about the patient’s disease, as well as his need to be fully assisted at all times in order to convince the judge. After this, the judge will make an appointment with a court doctor, who will make a report about the patient’s disability after appropriate examination.
If the report states that the patient cannot live on his own and needs a third party assistance, then the judge will make a judgment stating his disability, as well as appointing who will be the tutor or person in charge of him. This is an essential part of the procedure, because the tutor will have the right to manage the patient assets and incomes, even though for selling things, he will need court permission. If there’re more relatives involved and they don’t agree about who must be the tutor, then before the judgment is issued the judge will hear every one of them to get a clear picture about who would be the right one according to their personal circumstances to take care of the patient.
After the tutor appointment, the court will notify him in order to sign the acceptance document and after this will give a deadline to submit the patient assets list, including bank account funds, properties or jewelry and shares, so that the court can take over. After this list is done and sent, the tutor has the right to make payments on behalf of the patient, as well as manage his incomes, but will be obligated to ask the judge permission to sell anything even if it is necessary to cover the patient expenses.
Once the tutor signs the acceptance and the inventory is delivered, he will have to submit in the courthouse every year the patient’s assets balance, including incomes and expenses, which will be made available to the prosecutor and to every relative who appears in the process. The court will give a deadline in case there is any response to anything in the balance, and if all the parties are in agreement, then it will be validated. Invoices, bills, receipts and bank statements are not required for the balance, but it is essential to keep them, just in case the prosecutor or any of the other parties disagree and the tutor has to submit proof of his good management.