When a person can be declared legally incapable — main conditions and procedure

Civil capacity determines whether a person can independently acquire rights, fulfill obligations, enter into contracts, and be responsible for their actions. Its scope depends on age, mental state, and other circumstances.

The court may decide to declare a person legally incapable if it is proven that due to a chronic or persistent mental disorder, the person is unable to understand the consequences of their actions or independently control their behavior.

Capacity of children under 14 years old

Children under 14 have partial capacity. They can independently perform minor everyday transactions, such as buying goods in a store, and use the results of their intellectual or creative activities, for example, submitting their drawing to a contest.

They are not responsible for the damage they cause. Their legal representatives—parents, adoptive parents, or guardians—bear this responsibility. For example, if a child hits a classmate, the parents may be held administratively liable.

Capacity of children aged 14-18

Adolescents have incomplete capacity. They can independently perform certain transactions with the consent of their parents or guardians, such as working, and manage their earnings, scholarships, or other income. If a child marries at 16-17 years old, they gain full civil capacity.

Children aged 14-18 are personally responsible for their actions. Administrative and criminal liability begins at 16 years, and for some criminal offenses—from 14 years. If there is insufficient property to compensate for damages, legal representatives bear additional responsibility.

For example, if a 17-year-old student breaks a window, they can compensate for the damage themselves if they receive a scholarship. If they have no income or property, the parents will pay.

Civil capacity of adults

From 18 years old, a person has full civil capacity. However, the court may limit their civil capacity or declare the person legally incapable.

A person’s capacity can be limited if they have an addiction (alcohol, drugs, gambling) and due to this addiction put themselves, their family, or other persons they are legally obliged to support in a difficult financial situation.

Or if the person has a mental disorder that significantly affects their ability to understand the meaning of their actions and/or control them.

The court may declare a person legally incapable if, due to a chronic, persistent mental disorder, they are unable to understand the meaning of their actions and/or control them.

Limitation and declaration of legal incapacity

The decision to limit a person’s capacity or declare them legally incapable is made by the court.

Close persons (family, relatives), guardianship authorities, or psychiatric care institutions can apply to the court on this matter.

People whose case regarding limitation of civil capacity or declaration of legal incapacity is being considered by the court are mandatorily assigned a lawyer, whose work is paid by the state.

Civil capacity means that a person understands the meaning of their actions, can control them, acquire rights, fulfill obligations, and be responsible for them.

Sometimes a person cannot control their actions due to:

• mental disorder
• alcohol addiction
• drug addiction
• gambling addiction

Because of this, a person may create serious problems for themselves and their loved ones. In such cases, their civil capacity can be limited.

Where to apply

The issue of limiting capacity is considered by the court.

There must be sufficient grounds to limit a person’s civil capacity:

• abuse of alcohol, narcotics, toxic substances, gambling, if as a result the person puts themselves, their family, or other persons they are legally obliged to support in a difficult financial situation
• mental disorder that significantly affects the person’s ability to understand the meaning of their actions and/or control them.

Evidence may include:

• documents indicating debts, non-payment of utilities
• police reports
• forensic psychiatric examination conclusion
• witness testimonies

Who can apply regarding limitation of civil capacity:

• family members
• guardianship authorities
• psychiatric care institutions

Consequences of limiting civil capacity

Guardianship is established over the person.

This means that a person whose civil capacity is limited can manage their property (for example, sell or gift it) and perform other transactions beyond minor everyday ones only with the consent of the guardian.

The guardian receives and manages earnings, pension, scholarship, and other income (or may give written consent for the person with limited capacity to do so).

A person whose civil capacity is limited is personally responsible for breaches of contracts concluded with the guardian’s consent and for any damage caused.

As previously reported by the "Judicial and Legal Newspaper", the Desniansky District Court of Kyiv city refused a man’s application to declare his wife legally incapable and appoint himself as guardian. The court emphasized that the presence of a mental disorder alone is insufficient to declare a person legally incapable. The decisive factor is confirmation that due to a chronic, persistent mental disorder, the person is unable to understand the meaning of their actions and/or control them. In this case, the forensic psychiatric examination did not establish such circumstances.