Protection for those suffering from mental deficiency in the law
Reason is the basis of obligation and the basis of legal capacity that enables a person to exercise his rights and manage his financial and regulatory affairs. However, a fully qualified adult may be exposed to a health symptom or emergency, such as dementia, Alzheimer’s disease, or accidents that affect cognition, leading to the loss or decrease of his mental powers. Based on the Saudi organizer’s keenness to protect this group and preserve their rights and funds, it has decided to provide them with comprehensive protection that includes regulatory and procedural aspects.
First: Regular protection for those who suffer from mental retardation
The Civil Transactions Law regulates eligibility provisions and differentiates between degrees of mental deficiency and their legal effects, as follows:
1- Systematic classification of mental retardation
Mental retardation is divided into two main conditions:
- Ineligibility (insanity): The person lacks discrimination due to insanity, and in this case he is considered incompetent.
- Decreased capacity (dementia): This means a decrease in perception and mind without reaching the point of insanity, and its owner is considered deficient in capacity.
2- Stone with the power of order
To protect the insane and the demented, the system has decided that the quarantine on them will be confirmed by the system’s ruling once the case is confirmed and proven. The quarantine does not depend on the issuance of a judicial ruling establishing it, but rather the judicial ruling will reveal the case and prove it.
3- The effect of mental deficiency on financial behavior
The system arranged different effects on financial behavior according to the degree of mental deficiency:
- If a person is incapacitated due to insanity, his financial actions are absolutely invalid.
- However, if the deficiency is within the limits of dementia and incapacity, then his actions are considered the actions of a distinguished young child. Thus, actions that are purely beneficial are correct, and actions that are purely harmful are invalid, while actions that alternate between benefit and harm depend on the guardian’s permission.
Second: Procedural protection for those who suffer from mental retardation
In addition to objective protection, the Saudi organizer has drawn up specific measures aimed at protecting the person who has lost or decreased his eligibility, and ensuring that his affairs are managed in a way that achieves his interests.
1- Judicial jurisdiction
Personal status courts have jurisdiction to consider requests to prove incapacity, appoint guardians and trustees, and related procedures related to incapacitated and incapacitated persons.
2- Residence of the guardian
A relative or interested party shall submit a request to the Personal Status Court to appoint a guardian for someone who has suffered a mental disability, attaching approved medical reports proving his health condition. After verifying the case, the court issues a ruling appointing the appropriate guardian, often one of his relatives who is able to look after his interests.
3- Reporting to the guardianship authority the funds of minors and those in a similar situation
The law obliges relatives residing with an incapacitated person in one living to inform the General Authority for the Guardianship of Minors’ Assets and those in a similar situation of his loss of capacity within a period not exceeding three days of learning of the case. The Authority shall exercise its supervisory and oversight role over the assets of the person under guardianship, ensuring their preservation and preventing their misuse
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