Glossary entry

português term or phrase:

acçao de interdiçao por anomalia psíquica

inglês translation:

petition for adjudication of incompetence

Added to glossary by lexical
Nov 17, 2006 15:25
17 yrs ago
6 viewers *
português term

acçao de interdiçao por anomalia psíquica

português para inglês Direito/Patentes Direito (geral) psychiatric
It's a court action.

How do we say this in English? (Please excuse lack of accents - I can't do tildes on this keyboard).

Discussion

lexical (asker) Nov 17, 2006:
civil It's a civil action to institute guardianship of a mentally impaired person. Does this help you?
Adrian MM. (X) Nov 17, 2006:
Court action isn't enough context. Is it civil = disqualification or criminal = unfitness to plead or to stand trial?

Proposed translations

4 horas
Selected

petition for adjudication of incompetence

This link explains the process:
An incompetency hearing is generally scheduled three (3) to four (4) weeks from the filing of the petition. This allows the Sheriff's Department sufficient ...
web.co.wake.nc.us/courts/incompetency.html - 10k - Em cache - Páginas Semelhantes



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Note added at 4 hrs (2006-11-17 20:23:35 GMT)
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Let's try that link again:

http://web.co.wake.nc.us/courts/incompetency.html
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Many thanks, this is just what I needed."
15 minutos

interdiction suit (for a mentally impaired person)

Visite este site e veja como pode ajudar o seu trabalho:

LawHelp State Frequently Asked Questions
A defendant in an interdiction suit cannot appear in court without a lawyer. Once appointed to represent the defendant, the attorney must meet with the ...
www.lawhelp.org/.../1330099/iChannelID/140/isubtopicid/1/ip...




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Note added at 17 mins (2006-11-17 15:43:32 GMT)
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Como o link não está funcionando bem, transcrevo abaixo o que interessa:

A Guide to Interdiction
by: Advocacy Center
Q. What is interdiction and what does it do?

A. Interdiction is probably the best known way to change the legal status of a mentally impaired or elderly person and has long been used in Louisiana courts. Interdiction is, however, the most intrusive procedure affecting an individual's rights and responsibilities and is often more sweeping in its effect than is really needed to meet a person's needs. The interdicted person, often called the intedict, loses the right to take care of his own person and property. These rights are transferred to a person the court decides on. This person is called the curator (or "curatrix" in the case of a woman). Because of the extensive loss of rights that results from a judgment of interdiction, it is sometimes called a "civil death" for the interdict.

The law also allows for limited interdiction. In limited interdiction, some decision-making authority is transferred to a curator, but the individual retains all other rights not specifically granted to the curator. Limited interdiction allows a curator to help an individual with his real needs without infringing on his other rights.



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Note added at 4 hrs (2006-11-17 19:49:14 GMT)
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Besides, interdiction is reversible (at least in Brazil). Should the mental conditions improve with time, the interdict (or his curator or other relatives) can apply for a new evaluation and the reversion of the previous decision (Art. 1186 of the Brazilian Code of Civil Proc.)
Something went wrong...
6 horas

application for the sectioning of/to section/ a person for a mental disorder

Thx for the civil-guardian explanation.

Guardians are usually appointed for children, but can also be for mental incompetents. A receiver may also be appointed. The receivership takes powers of disposition away from the patient.

The Mental Health Act 1983 and Guardianship:


'The Mental Health Act 1983 deals with people who are medically assessed as having a ‘mental disorder’. If a person is thought to be a risk to themselves or to others, or if it is felt that their health is at risk, they can be detained in hospital under the act (this is known as being ‘sectioned’). Under the act, ‘Guardians’ can also be appointed to make decisions on behalf of people who do not have mental capacity.'






Example sentence:

Court of Protection: Procedure on sale or purchase of property (PN4) ... This document describes the the the Public Guardianship Office's operational ...

L had ... do not gain the perceived stigma of a mental health act sectioning order. ...

Something went wrong...
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