Abstract. The current Bulgarian legislation on judicial disability is presented in a critical perspective. Historical clinical requirements for the psychiatric assessment of patients subject to civil mental incapacitation procedure have been traced. The modern trends in the care of patients with mental disabilities
and the transition from a substitute decision to an assisted one are presented. The principle of high professional competence and ethical responsibilities of the forensic experts in psychiatry and psychology is emphasized.

Key words: civil guardianship, human rights, forensic psychiatric assessment

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