Application for restriction of legal capacity

What can you expect as part of the service?

Limitation of capacity is a very crucial step that the courts take when:

• the restriction is in the best interests of the person involved (i.e., to protect their property, safety, health, minor offspring, etc.),
• there are no other, less severe, ways to address the situation.

Typical illnesses in which the courts approach some degree of limitation of capacity are, for example, schizophrenia or dementia. Far from every indication of mental illness needs to be addressed by limiting capacity. Sometimes, on the other hand, you could irritate your loved one and make the situation worse and more complicated.

Even if you choose this solution, you should always consider which specific tasks the person can and cannot do. Just because someone has memory lapses, or sometimes does not recognise their loved ones, does not mean that they are unable to, for example, open a bank account or make a decision about a medical procedure.

More moderate remedies, which, while also requiring a legal solution, do not interfere as severely with another person’s rights, are:

• Decision-making assistance– under a court-approved assistance agreement. This defines a person who will be able to be present, for example, at a bank, notary or other important legal meetings of a person for whom such actions already pose a significant problem in terms of understanding its meaning and impact.
• Representation by a household member – this is not mere advice, but actual representation. It also has to be decided by the court and applies to ordinary day-to-day actions rather than to major property transactions or decisions about major medical procedures.

How do we work together and what do you get?

What have we helped our clients with?

Over the years, we have helped people in a wide variety of situations.

• We protected the family estate in a situation where our client’s mother fell into the clutches of fraudsters.
• We successfully prevented the disqualification of an elderly man who was about to be abused by his niece.
• We prevented the sending of hundreds of thousands to a “Nigerian Prince,” an abusive email that lures personal information from victims and then attempts to steal from them.
• We achieved a rather extraordinary financial restraint for a long-term, severely addicted alcoholic for whom this was the only possible way to improve his health.

Why use the services of an Affordable Solicitor?

• The draft is prepared by licensed solicitors – so you will be confident that it complies with current legislation
• The quality we stand for – you will always be dealt with by a specialist solicitor who understands the area and has handled many dozens of tenancy agreements.
• Excludes all legal risks – will alert you to all possible complications.
• Will draft the contract and proposal according to specific requirements – the lawyer will incorporate all the client’s requirements.

Client Service Guarantees

We are aware that the restriction of legal capacity is a fundamental interference with a person’s rights and can only be used in very exceptional cases. The reason should never be the needs and requirements of the immediate family, but only the threat to the person whose capacity is to be restricted.

As we have already mentioned above, there are also more modest means of helping sick people without necessarily limiting their legal capacity.

When assessing the situation, we always try to suggest a solution that is as mild as possible and does not lead to an escalation of problems in the family, for example in the form of conflicts and quarrels.