Determining the Status of the Property of a Person in a Coma
2024-08-12
It often happens that, as a result of illness or an accident such as a car crash, a person suddenly falls into a coma, and in the meantime their relatives face difficulties in determining the status of their property -- including real estate, bank accounts, and other assets.
You should know that a person who is in a coma is, under the law, classified among the legally incapacitated (mahjurin). Accordingly, in these cases as well, a guardian (qayyem) must be appointed for them by the prosecutor.
What Does "Mahjurin" (Legally Incapacitated Persons) Mean?
Mahjurin are persons who, due to a loss of mental capacity, are unable to manage their own affairs independently and without the involvement of another person or persons, and who are, under the law, personally barred from performing legal acts.
As a result, the relatives of such a person must, bringing their own identification documents as well as a copy of the person's medical file, apply to the court's non-contentious affairs department and seek the appointment of a guardian in order to access the property of the person who is in a coma.
It should be noted that the property of a person in a coma is not given to the heirs, because a person in a coma is presumed to be alive, and a guardian is appointed for them to care for them and their property and to pay the expenses and maintenance of their family.
In fact, until the person has fully passed away, their property cannot be placed in the possession of the heirs. Likewise, the spouse of a person in a coma does not have the right to divorce. Such a spouse must prove their own hardship (osr o haraj) before the court so that the court issues a certificate of impossibility of reconciliation and, in light of the person's condition, the judge personally proceeds with the divorce.
For a consultation, contact us.