The ability to act is constitutes one of the main requirement of citizens living in the State of Law. In particular, through the ability to act the individual may exercise his/her rights while undertaking legal commitments. It is possible however that the ability to act might be limited due to mental incapacity or other individual impairment.
According to art. 414 and following sections of Italian Civil Code, incapacitation and interdiction are meant to serve as protection for those individuals who may endanger themselves
Interdiction targets adults or emancipated minor that lives in a condition of habitual mental infirmity and due to that is not able to meet their own needs. On the other hand, incapacitation might be claimed for an adult whose conditions are not justifiable to claim the interdiction. In addition, incapacitation might be claimed for those individuals that habitually use drug or alcoholic substances.
Incapacitation and interdiction may be claimed by the person involved, spouse or cohabitating partner, relatives within the fourth degree, guardian and tutors. In this case, legal assistance is paramount and the incapacitation or interdiction requests may also be presented by the public prosecutor.
Incapacitation and interdiction request shall be dismissed or accepted by court sentence. In this context, the judge may acquire further information with the purpose of rightly evaluating individual’s mental condition.
VGS professional are able to assist you in every stage of your incapacitation or interdiction process. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.