RA Legislative Regulations on Recognizing an Adult Legally Incapable and Appointing a Guardian

May 14, 2014

Persons with mental health problems can be recognized legally incapable as prescribed by the RA law and consequently be deprived of the opportunity to enjoy their rights fully and properly, make decisions and act independently on both important issues and daily trivial matters as well as are absolved from the responsibility for their actions.

According to the information provided to the Organization by the RA Judicial Department, throughout the period of January 1, 2010-June 2012, the RA first instance courts of general jurisdiction received 739 applications on recognizing a person incapable, of which 447 applications (i.e. almost 60%) were met.

On September 22, 2010, the Republic of Armenia ratified the UN Convention on the Rights of Persons with Disabilities. Under the Convention, the State undertook inter alia to ensure the rights below: full and effective participation and inclusion in society (Article 3(c)) and legal capacity on an equal basis with others in all aspects of life (Article 12(2)).

This study aims to identify the peculiarities of the procedures and consequences of recognizing a person as incapable under the RA legislation and compliance of such procedures with international standards as well as to develop relevant recommendations.

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