A resident of Shymkent has successfully had powers of attorney and sale contracts for her house with land and apartment declared invalid in court, arguing that she was legally incapacitated and unaware of her actions, according to the website infohub.kz.
The case began after the woman's property was sold under powers of attorney issued in her name, leaving her homeless and forced to live with relatives.
In court, the plaintiff stated she had no memory of granting the powers of attorney or signing the documents. Moreover, she had been undergoing treatment at the regional mental health center during that period.
The defendants were two notaries and three relatives, who used the powers of attorney to dispose of the woman's house with land and apartment.
A forensic psychiatric examination proved decisive. Experts found that since 2019, the woman has suffered from organic personality disorder, accompanied by impairments in memory, thinking, and intellectual functions. According to the report, on the day she signed the powers of attorney, she was unable to understand the meaning of her actions or control them.
These conclusions were supported by medical records, evidence of multiple hospitalizations, outpatient observation, and clinical examination results.
“The inter-district civil court of Shymkent established that after receiving the powers of attorney from the woman, the defendants acted on her behalf and disposed of her property, resulting in the plaintiff losing her home and having to live with relatives,” the court stated.
As a result, the parties were restored to their original positions, and the woman's property rights were reinstated. The ruling has taken legal effect.