We can help you protect the safety, property, or other interests of a loved one who is no longer able to act fully legally on their own. We will also protect you if someone is trying to limit your legal capacity without justification.
We can help you protect the safety, property, or other interests of a loved one who is no longer able to act fully legally on their own. We will also protect you if someone is trying to limit your legal capacity without justification.
Restriction of capacity is a last resort whereby a court may decide to restrict certain legal actions of persons who are no longer able to make decisions about certain matters due to their serious health condition. The court always takes into account the extent and degree of incapacity to manage one’s own affairs. No one can be deprived of capacity completely.
I pride myself on clear and transparent communication. This way, the client always knows the status of the case, where the case is heading and what the next legal steps will be. The client’s expectations are much better.
According to the law, a contract is supposed to reflect the will of the contracting parties. We are here to make it simple, easy to understand, and to ensure that everything goes smoothly without unnecessary hassles.
Limitation of capacity is a very crucial step that the courts take when:
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:
Tip: We looked more closely at personal guardianship and the various forms of assistance and representation in our article.
Over the years, we have helped people in a wide variety of situations.
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.
I contacted Dostupný advokát because I needed help with a non-payer. Dostupný advokát gave me advice on how to proceed. The dispute became a court issue, where I was represented by Dostupný advokát. I won the court case and I can fully recommend their service.
I had no idea that there was an online service that could arrange all your legal paperwork for you. I’m so glad I found your service! Using Dostupny Advokat gives me the time to enjoy with my family and loved ones, instead of hassling with legal issues I don’t fully grasp.
Only a few clicks to solve your legal issues.
Choose the service that works best for you. Pay immediately, or after completion of service. Discount for immediate payment.
Describe your legal problem in a secure web environment. Attach any necessary documents or files.
A specialist from our legal team will call you to speak about possible solutions.
A specialist from our legal team will email you with a solution, including all necessary paperwork.
Are you facing a legal problem that you don’t know how to deal with and that doesn’t fit any of our services? Describe your situation to us, we will assess it, evaluate all the risks and propose the best solution.
690 CZK VAT included