Registration of care for a disabled person: legal aspects and procedure

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Publication date: 24.07.2024

Registration of care for a disabled person: legal aspects and procedure

Disability care is an important part of the social protection system that provides support and assistance to people with disabilities. Arranging care involves legal aspects, such as determining disability status, applying for social benefits, and establishing guardianship or custody if necessary. In this article, we will look at the main legal aspects and procedures for arranging care for a disabled person in Ukraine, including the legal framework, the procedure for establishing disability, the appointment of a guardian, the rights and obligations of carers, social guarantees, and court practice.

Legal framework

The main legal acts regulating the care of disabled persons in Ukraine are:

1. The Civil Code of Ukraine: Defines the legal basis for guardianship and custody, and the rights and obligations of guardians and custodians.
2. Family Code of Ukraine: Regulates family relations, including guardianship and custody of incapacitated and partially incapacitated persons.
3. The Law of Ukraine "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine": Establishes basic guarantees of social protection for persons with disabilities.
4. Law of Ukraine "On Psychiatric Care": Defines the legal framework for the provision of psychiatric care, including the procedure for establishing incapacity.
5. The Law of Ukraine "On State Social Assistance to Persons Disabled from Childhood and Disabled Children": Regulates the provision of state social assistance to persons disabled since childhood and children with disabilities.
6. Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Provision of Social Services": Defines the procedure for the provision of social services to disabled persons.

The procedure for establishing disability

Establishing a disability is the first step towards obtaining the right to care and social assistance. 

The procedure includes several stages:

1. Medical and social assessment: A person applying for disability determination must undergo a medical and social assessment. This examination determines the degree of disability and the disability group. The relevant medical institutions conduct the examination and issue a disability certificate.
2. Confirmation of disability status: After receiving a medical certificate, a person can apply to the social security authorities for a disability certificate. This certificate confirms the status of a disabled person and entitles them to social benefits and privileges.

Identification of a guardian or carer

If a disabled person is unable to exercise his or her rights and obligations independently due to physical or mental disorders, a guardian or carer may be appointed. 

The procedure for appointing a guardian includes:

1. Filing an application for guardianship or custody: The application may be submitted by relatives, guardianship and custody authorities, medical institutions or other interested persons. The application is filed with the court at the place of residence of the person to be guardianship or custody.
2. Court proceedings: The court considers the application, hears witnesses, experts and other interested parties. The court may also order additional expertise or request additional documents.
3. Making a decision on guardianship or custody: After hearing the case, the court makes a decision on the establishment of guardianship or custody and appoints a guardian or custodian. The court's decision is binding.
4. Registration of guardianship or custody: The court decision on the establishment of guardianship or custody is registered with the guardianship and custody authorities at the place of residence of the disabled person. The guardian or custodian receives a certificate and assumes his or her rights and obligations.

Rights and obligations of carers

Caregivers have certain rights and obligations defined by Ukrainian law. 

The main rights of carers include:

1. The right to represent the interests of the ward: The carer has the right to represent the interests of the ward in all institutions, organisations and before individuals.
2. The right to receive social benefits and privileges: The carer has the right to receive social benefits and privileges provided for by law for carers and persons with disabilities.
3. The right to protect the rights of the ward: The carer 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 carers include:

1. Duty to provide care and support: The carer is obliged to provide care, treatment, rehabilitation and social support to the ward.
2. Duty to manage the ward's property: The caregiver is obliged to manage the ward's property in the ward's best interests, to preserve it and to ensure its efficient use.
3. Duty of reporting: A caregiver is obliged to report to the guardianship and custody authorities on the use of the ward's property, the receipt and expenditure of social benefits and other aspects of care.

Social guarantees for disabled people and carers

Ukrainian legislation provides for a number of social guarantees for disabled persons and carers aimed at ensuring their social protection and financial support. 

The main social guarantees include:

1. Social benefits: Persons with disabilities are entitled to disability pensions, social assistance, compensation payments and other social benefits provided for by law.
2. Medical care: Persons with disabilities are entitled to free medical care, rehabilitation services, sanatorium treatment and other medical services.
3. Housing and utility benefits: Persons with disabilities and their carers are entitled to housing and utility benefits, including discounts and subsidies.
4. Right to education and employment: Persons with disabilities have the right to education and employment that takes into account their capabilities and needs, as well as to support in employment.
5. Social services: Persons with disabilities and their carers have the right to receive social services, including care, support in managing their households, psychological assistance and other services.

Case law

The case law on care for the disabled shows real cases of dispute resolution and protection of the rights of persons with disabilities. 

Here are some examples of court cases:

• Case on the appointment of a carer: Relatives of a person with a disability filed an application with the court for the appointment of a carer. The court, having reviewed medical reports, documents confirming the disability, and having heard the parties concerned, decided to appoint a carer.
• A case of appeal against the actions of a carer: A person with a disability challenged the actions of his caregiver, claiming that the caregiver was misusing the ward's property and violating his rights. The court, having reviewed the evidence and heard witnesses, decided to change the carer and appointed a new carer to protect the rights of the ward.
• A case on the provision of social benefits: A person with a disability 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 plaintiff and ordered the social security authorities to provide the appropriate payments.