Can a Person with Mental Illness Inherit Property?
Can a person with mental illness be named as an heir?
According to Article 613 of the 2015 Civil Code regarding heirs:
An heir, as an individual, must be alive at the time the inheritance is opened or born and still alive after the time of inheritance opening but conceived before the decedent's death. In the case of an heir by will who is not an individual, they must exist at the time the inheritance is opened.
Additionally, Article 22 of this Code stipulates: When a person, due to mental illness or other diseases, cannot perceive or control their behavior, the Court will issue a decision declaring this person as having lost civil act capacity based on the forensic psychiatric examination conclusion, upon the request of a concerned party or relevant agency or organization.
Thus, based on the above grounds, an individual heir must be alive at the time the inheritance is opened or born and still alive after the time the inheritance is opened but conceived before the decedent's death and should not be declared by the court as having lost civil act capacity. Therefore, your sibling still has the right to inherit and be named under the law.
Who will be the guardian for a person with mental illness?
Article 52 of this Code provides for the natural guardian of a minor as specified in points a and b of clause 1, Article 47 of this Code, according to the following order:
The eldest brother or eldest sister is the guardian; if the eldest brother or eldest sister does not qualify as the guardian, the next eldest brother or sister will be the guardian, unless otherwise agreed upon by another elder sibling.
If there is no guardian as specified in clause 1 of this Article, the paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother will be the guardians or they will agree to appoint one or some of them as guardians.
If there is no guardian as specified in clauses 1 and 2 of this Article, the paternal uncle, paternal aunt, maternal uncle, maternal aunt, or maternal uncle will be the guardians.
In the case your sibling has a mental illness, you are the elder brother and will naturally be the guardian for your sibling since your sibling is still a minor.
Respectfully!
