What is dementia?
Dementia in legal sense is intended in the art. 141 of the Civil Code, which states that "declared incapable by reason of insanity of people who because of mental illness do not have skills to manage his person or administer his property"
Who can apply for a declaration dementia of another person?
Under art. 144 of the Civil Code, the declaration of dementia may be requested by the spouse, not separated or divorced person, "the family, the Ministry Child, the consul of the country of origin if the person wants to declare it insane, in a legal sense, was foreign and anyone nearby if the person is angry or bother the neighbors
What is guardianship?
Conservatorship is the legal representation given to people over 14 years of age.
What is your purpose?
is to preserve the health of the person, being in charge of the curator care of it. On the other hand, tends to prevent its failure or the exploitation of others, be prejudiced in their heritage.
How is the process to obtain guardianship?
There are two ways: The trial of insanity, in the case of dementia or deaf-mutism, and the trial de disqualification, the latter for drunk or habitual drug users.
is the procedure for trial of insanity?
As a process, obeys the rules under local procedure codes, which differ, subtly, in different jurisdictions. In sum, it starts a process requesting a declaration of dementia the person is to be declared as such, is initiated by the intended aim of Curator establish standing to do so and stating the facts giving rise to the action, accompanied by three medical certificates. Already begun the dossier, ordered the relevant tests, summary information, crafts, go to the Medical Corps, was appointed an Interim Curator who, along with the Juvenile Advisory intervening ensure the person and property of the alleged insane to throughout the process. Finally, stating the sentence shall be pronounced insane insane sense definitive legal guardian and appointing the person and his property who was introduced to it at the initial stage.
Who can be a healer?
curators people can be laid down in Articles 476 to 479 of the Civil Code: spouse, children, parents.
What are the powers and duties of the curator?
The curator is responsible for the person and property of the insane, for this their moral has already been proven during the trial. Should provide the means for their welfare bio-psycho-social.
What happens to the assets of the insane.?
As the curator has the administration thereof, has a legal obligation to account for it before the judge or court trying the case, at intervals to be determined accepting the position.
Why must complete this process?
Al met the 21-year-old cease exercising parental authority over their children, parents, and thus, they can no longer be their legal representatives. The mentally handicapped person is completely unprotected, both in person and in their heritage, if not assigned a guardian by a court ruling. This means that if you have property in their name, there will be no one to manage or sell them. But above all, in case you need to make any kind of event, or even bring a lawsuit on behalf of the disabled person does not exist a person who can represent it. Also, if the person receives a pension, may require a conservator to be paid the same in the name of the person. The lack of legal representation on a disabled person, can cause problems to the Social Work or prepaid card, which generally apply the process of guardianship as a condition for maintaining membership.
Dr Veronica Velasco
0341-156011309
0 comments:
Post a Comment