Yes, according to Article 171 of the Civil Code of the Russian Federation:
1. A citizen may be recognized by a court as legally incompetent if, due to a mental disorder, he is unable to understand the meaning of his actions or control them.
Recognition as incapacitated is made in the order of special proceedings. A case on recognizing a citizen incompetent due to a mental disorder may be initiated in court on the basis of an application from his family members, close relatives (parents, children, brothers, sisters), regardless of their joint residence, guardianship and guardianship authority, psychiatric or neuropsychiatric institution.
The judge, in order to prepare for the trial of a case on declaring a citizen incompetent, if there is sufficient data on the citizen’s mental disorder, appoints a forensic psychiatric examination to determine his mental state (Article 283 of the Code of Civil Procedure of the Russian Federation).
A citizen is considered incompetent from the moment the court decision on declaring him incompetent comes into force. Based on Art. 32 of the Civil Code of the Russian Federation, an incapacitated person must be appointed a guardian. Disabled citizens placed under supervision in educational organizations, medical organizations, organizations providing social services, or other organizations, guardians are not appointed. The duties of a guardian are the responsibility of said organizations(Clause 4, Article 35 of the Civil Code of the Russian Federation).
In accordance with Art. eleven federal law dated April 24, 2008 N 48-FZ "On guardianship and guardianship" (hereinafter referred to as the Guardianship Law), the guardian is appointed with his consent or at his request in writing by the guardianship and guardianship authority at the place of residence of the person who needs to establish guardianship over him or guardianship, within a month from the moment when the specified body became aware of the need to establish guardianship or guardianship over such a person. In the presence of noteworthy circumstances, the guardian may be appointed by the body of guardianship and guardianship at his place of residence.
If a guardian is not appointed to a person in need of establishment of guardianship over him within a month, the duties of a guardian are temporarily assigned to the body of guardianship and guardianship at the place where the person in need of establishment of guardianship or guardianship over him is identified.
2. On the basis of paragraph 2 of Art. 29 of the Civil Code of the Russian Federation on behalf of a citizen recognized as legally incompetent, transactions are made by his guardian (the organization where the citizen is placed under supervision, or the body of guardianship and guardianship).
For this reason, a citizen in respect of whom the judgment on recognition of his incapacity, can not make transactions himself. A transaction made by a citizen who has been declared legally incompetent due to a mental disorder is void.
The consequence of the invalidity of such a transaction is restitution. In addition, the capable party is obliged to compensate the other party for the real damage it has suffered if the capable party knew or should have known about the incapacity of the other party. Thus, the commented article establishes a special consequence of the invalidity of a void transaction.
It should be noted that the other party to the transaction is often in good faith mistaken about the capacity of its counterparty. The legislation does not provide for any public notice of the incapacity of citizens or the inclusion of information about incapacity in a document proving the identity of a citizen. The only document confirming the lack of legal capacity of a person is a court decision that has entered into legal force, which, as a rule, is kept by the guardian (body of guardianship and guardianship).
3. Paragraph 2 of the commented article contains a rule on the "healing" (convalidation) of a void transaction made by an incompetent citizen. BEFORE. Tuzov, for example, believes that the essence of "healing" (convalidation) is to give legal force to a void transaction from the moment it was made.
In the interests of a citizen recognized as legally incompetent due to a mental disorder, a transaction made by him may, at the request of his guardian, be recognized by the court as valid if it was made to the benefit of this citizen. A transaction may be considered to be beneficial if, as a result of its completion, the value of property belonging to a citizen recognized as legally incompetent increases. The rules about the "healing" of a void transaction are phenomenal in their own way, since they refute the well-known statement about the absolute invalidity of a void transaction. In this regard, F.S. Kheifets notes that the legislator is showing inconsistency, which "hardly contributes to the stability of civil circulation"
For the convalidation of such a transaction, the application of the legal representative of a citizen recognized by the court as incompetent is necessary. The application for recognition of the transaction as valid, although not mentioned in Art. 12 of the Civil Code of the Russian Federation, is a special way to protect civil rights.
4. It is necessary to distinguish between a transaction made by a citizen recognized as legally incompetent from a transaction made by a citizen subsequently recognized as legally incompetent, but at the time of the transaction being unable to understand the meaning of his actions or manage them. In the second case, there is a voidable, and not an insignificant transaction (clause 2, article 177 of the Civil Code of the Russian Federation).

Consequences of depression, schizophrenia

Asked by: Denis

Female gender

Age: 52

Chronic diseases: diabetes, mental illness

Hello! Please tell me what can be done? My mother is a mentally ill person, a disabled person of the second group due to the mental illness "Depression, Schizophrenia". Doctors do not tell me the exact diagnosis. She first fell ill in 2002. I ended up in a psychiatric hospital. After several months of treatment, she was discharged and was somewhat normal. 6 years have passed and this disease is repeated again. She again ends up in a psychiatric hospital, although the treatment has already become longer. After discharge, after half a year again. And it started to progress. I realized that it was necessary to change the hospital and moved it to St. Petersburg. She went to the Stepanov-Skvortsov psychiatric hospital. She was treated for a long time, it was hard to find medicines that would help her. But still, they healed. For four years she was 3 times in this hospital. Now I don't know what to do. I lived with my family with her. My wife, like me, has endured a lot during this time. Now the problem. She took out loans for a large amount without telling us. She goes out of the house and spends money in stores on all sorts of nonsense. She only receives a disability pension. And I work alone, because my wife is on maternity leave. We rent an apartment and we barely have enough money. I can't help pay my mom's loans. And my mother will not have enough pension to live, while paying off the loan herself. I don't know how to deal with it? What to do with mom? How did the banks give her a loan with such an illness?

1 answer

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Hello Denis!
Your mother needs to be treated. Don't worry about loans. Since she has a severe psychiatric illness, the forensic medical expert commission recognizes her as insane and such that she cannot be held responsible for the consequences of her actions. Therefore, banks should not have any claims against you personally.

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Good afternoon
My mother is 69 years old. She was diagnosed with a mental disorder, expressed in a split personality. A year ago, we found out that my mother takes loans in large amounts, while the money does not appear at home, as well as new things, where the money goes, my mother does not remember. In this situation, I found out all the payment schedules for loans and over the past year I have been making payments myself.
Among those who gave out loans to my mother was the well-known microloan campaign "Migcredit". At the moment when loan agreement"surfaced" in our family, the loan amount was 30,000 rubles. I paid 70,000 rubles under the contract. for 6 months (365% per annum). Immediately, the organization issued a new contract for 50,000 rubles. As usual, we did not see any money at home. For 8 months, taking into account the same%, I paid 112,000 rubles. At the same time, in February 2016, my mother was officially in a psychiatric hospital. I paid the entire amount under the contract on August 10, 2016, within a week after that, Migcredit issued a new contract for 60,000 rubles. It is necessary to pay 140,000 rubles on it. My mother has been in a psychiatric hospital since August 31, 2016. I have neither the strength nor the opportunity to pay more: I have already paid 182,000 rubles for 1 year 2 months. for the 140,000 given to my mother under three contracts! I believe, that last loan was issued quite illegally: at that time, my mother was already in a psychiatric hospital. The microloan organization did not make calls to her work or relatives, there were no clarifications about whether she would be able to repay the loan. Now representatives of "Migcredit" daily terrorize me, my dad and my two children. I'm going to apply to this organization to the prosecutor's office. Advise on which articles of the law I can rely on?

The lawyer answered - Koroleva S.O.:

Hello Irina!
In accordance with Art. 9 of the Federal Law of 02.07.2010 N 151-FZ "On Microfinance Activities and Microfinance Organizations", a microfinance organization has the right to:
1) to request from the person who applied for a microloan the documents and information necessary to resolve the issue of granting a microloan and fulfill obligations under the microloan agreement, in the manner and on the terms established by the rules for granting microloans;
2) reasonably refuse to conclude a microloan agreement.
When filing a complaint, you can refer to these rules of law.
However, please note that the law describes these actions as a right, and not an obligation, of a microfinance organization. Providing loans without assessing the creditworthiness of borrowers or any other information confirming the ability of the borrower to repay the loan does not formally violate the existing banking legislation. Employees of banks and microfinance organizations are not empowered to check the legal capacity of the applicant. They are obliged to establish the identity of the applicant on the basis of the presented passport. In the absence of evidence or information about the incapacity of a person, doubts about the applicant's legal capacity may not arise.
Loans made in the name of your mother during her stay in a psychiatric hospital, of course, can be challenged in court, for example, on the basis of signing an agreement not by the mother, but by another person.
You can also recommend thinking about the issue of limiting its capacity.
So, according to Art. 30, 33 of the Civil Code of the Russian Federation, a citizen who, due to a mental disorder, can understand the meaning of his actions or manage them only with the help of other persons, may be limited by the court in his legal capacity in the manner established by the civil procedural legislation. Guardianship is established over him. Trustees of citizens whose legal capacity is limited due to a mental disorder assist the wards in exercising their rights and fulfilling their duties, and also protect them from abuse by third parties. The limitation of legal capacity enables such a person to make only minor household transactions. As the mother's guardian, you will be able to refer the judgment to credit organizations in order to avoid the issuance of other loans to her. You will also be able to challenge the contracts concluded by her beyond her legal capacity.

Credit debts among citizens in our time are not uncommon and they arise for a variety of reasons. They take place even in incompetent or mentally unhealthy people. Against this background, the question arises: is it legal for a mentally ill person to have a loan? And what happens next if the borrower is not able to pay it?

Loan from a mentally ill person

Let's start with the fact that not always bank employees can visually determine the presence of any mental disorder in a person. In this case, the potential borrower may or may not be capable. Under the law, guardians, if any, are responsible for a disabled person. He is not responsible in his time for his actions in such a state. But, all these aspects will need to be documented in court. Having with you certificates and conclusions from medical institutions which are not always easy to obtain. In such cases, most often relatives or guardians simply come to terms with the situation and pay the debts themselves, or get involved in litigation.

Another situation is when a person took out a loan, being in his right mind, regularly made payments and fell ill. In this case, you must first study the clause on insurance, whether the borrower's health was insured. Although lately this has become less and less common. Again, if after the proceedings, the client is found to be mentally incompetent, he will be awarded a pension. It is not uncommon for banks to collect debts from pension payments. If the borrower is not recognized as such, then he is able to work and is able to pay his debts on his own.

In such cases, the method of negotiations is unlikely to be able to solve something, the banks will by all means seek monetary compensation. In addition, there is no clearly defined algorithm of action in the legislation, and all cases of this kind are unique. There's just no help here. loan lawyer, such situations are too ambiguous. Letting things go is not an option! After all, this can happen again, and fraudsters now often use such opportunities, and not everyone can ensure constant control. You need to be prepared that the solution will not be easy and, together with the expert, make every effort.