Guardianship of a group 2 disabled person in Ukraine: legal aspects

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Publication date: 23.07.2024

Guardianship of a group 2 disabled person in Ukraine: legal aspects

Guardianship of a group 2 disabled person is an important component of social protection, which is aimed at ensuring a decent standard of living and support for persons with disabilities. In Ukraine, the law defines the procedure for establishing guardianship, the rights and obligations of guardians, as well as social guarantees for persons with disabilities. In this article, we will review the main legal aspects of guardianship of a Group 2 disabled person in Ukraine, including the legal framework, the guardianship procedure, the rights and obligations of guardians, social guarantees and court practice. 

Legal framework 

The main legal acts regulating the issue of guardianship over group 2 disabled persons in Ukraine are:

• TheCivil Code of Ukraine: Defines the legal basis for the establishment of guardianship and trusteeship, and the rights and obligations of guardians.
   
• Family Code of Ukraine: Regulates family relations, including guardianship and custody of minors and incapacitated persons.
   
• TheLaw of Ukraine ‘On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine’: Establishes basic guarantees of social protection for persons with disabilities.
   
• Resolution of the Cabinet of Ministers of Ukraine ‘On Approval of the Procedure for Organising Guardianship and Trusteeship of Incapacitated Persons’: Defines the procedure for establishing guardianship and custody, rights and obligations of guardians.
   
• Order of the Ministry of Health of Ukraine ‘On Approval of the Instruction on the Procedure for Medical and Social Expertise of Disabled Persons’: Regulates the procedure for conducting a medical and social examination to determine the disability group.
   

Procedure for establishing guardianship 

1. The procedure for establishing guardianship over a disabled person of group 2 includes several main stages:
    
2. Medical andsocial examination: A person applying for a disability group undergoes a medical and social examination. The expert commission determines the degree of disability and the need for guardianship.
    
3. Filing anapplication for guardianship: The interested person or the guardianship and custody authority submits an application to the court for the establishment of guardianship over a disabled person of group 2. The application must be accompanied by medical reports, documents confirming the disability, and other necessary documents.
    
4. Courtproceedings: The court considers the application for guardianship, examines the documents provided and hears the interested parties. The court may also order additional expertise or request additional documents.
    
5. Making adecision on guardianship: After hearing the case, the court makes a decision on the establishment of guardianship over a group 2 disabled person and appoints a guardian. The court's decision is binding.
    
6. Registration of guardianship: The court's decision on guardianship is registered with the guardianship and trusteeship authorities at the place of residence of the disabled person. The guardian receives a certificate and assumes his or her rights and obligations.
    

Rights and obligations of guardians

Guardians have certain rights and obligations defined by Ukrainian law. The main rights of guardians include:

• Theright to represent the interests of the ward: A guardian has the right to represent the interests of a disabled person in all institutions, organisations and before individuals.
   
• The right toreceive social payments and benefits: A guardian has the right to receive social benefits and privileges provided for by law for guardians and persons with disabilities.
   
• Theright to protect the rights of the ward: The guardian has the right to apply to the court, authorities and human rights organisations to protect the rights and interests of the ward.
   

The main responsibilities of guardians include: 

• Duty toprovide care and support: The guardian is obliged to provide care, treatment, rehabilitation and social support for the disabled person.
   
• Duty to manage theward's property: The guardian is obliged to manage the ward's property in the ward's interests, preserve it and ensure its efficient use.
   
• Duty ofreporting: The guardian is obliged to report to the guardianship and trusteeship authorities on the use of the ward's property, receipt and expenditure of social benefits and other aspects of guardianship.
   

Social guarantees for group 2 disabled persons and guardians 

Ukrainian legislation provides for a number of social guarantees for group 2 disabled persons and their carers, which are aimed at ensuring their social protection and support. The main social guarantees include:

• Social benefits: Group 2 disabled persons are entitled to receive disability pensions, social assistance, compensation payments and other social benefits provided for by law.
   
• Medical care: Group 2 disabled persons are entitled to free medical care, rehabilitation services, sanatorium treatment and other medical services.
   
• Housing and utility benefits: Persons with disabilities of group 2 and their carers are entitled to housing and utility benefits, including discounts and subsidies.
   
• Right to education and employment: Persons with disabilities of group 2 have the right to education and employment based on their capabilities and needs, as well as to support in employment.
   
• Social services: Group 2 disabled persons and their carers have the right to social services, including care, support in managing households, psychological assistance and other services.
   

Court practice 

The court practice in cases of guardianship of persons with disabilities of group 2 shows real cases of dispute resolution and protection of the rights of persons with disabilities. Here are some examples of court cases:

• The case of establishing guardianship over a group 2 disabled person

In this case, the relatives of a group 2 disabled person filed an application with the court for guardianship. The court, having reviewed medical reports, documents confirming the disability, and having heard the parties concerned, decided to establish guardianship and appointed a guardian.

• A case of appeal against the actions of a guardian

In this case, a group 2 disabled person challenged the actions of his guardian, claiming that the guardian misused the ward's property and violated his rights. The court, having reviewed the evidence and heard witnesses, decided to change the guardian and appointed a new guardian to protect the ward's rights.

• A case on the provision of social benefits

In this case, a group 2 disabled person appealed against the refusal of the social security authorities to provide social benefits. The court, having considered the evidence and documents confirming the disability and the right to social benefits, ruled in favour of the disabled person and ordered the social security authorities to provide the appropriate payme