Registration of permanent care: legal aspects and procedure

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Publication date: 25.07.2024

Registration of permanent care: legal aspects and procedure

Permanent care for persons who are unable to exercise their rights and obligations independently due to old age, physical or mental disorders is an important element of social protection in Ukraine. Arranging for permanent care involves establishing the legal status of the caregiver, processing social benefits, and protecting the rights of persons in need of care. In this article, we will look at the main legal aspects and procedure for arranging permanent care, including the legal framework, the process of establishing care, the rights and obligations of carers, social guarantees, and court practice.

Legal framework

The main legal acts regulating permanent care in Ukraine are:

1. The Civil Code of Ukraine: Defines the legal basis for the establishment of guardianship and custody, 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. 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 Social Services": Defines the procedure for the provision of social services to persons in need of care, including permanent care.
5. Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Provision of Social Services": Determines the procedure for the provision of social services, including permanent care.

Grounds for establishing permanent care

Permanent care can be established in cases where a person is unable to exercise his or her rights and obligations independently due to old age, physical or mental disorders. 

The main grounds for establishing permanent care include:

1. Old age: Elderly people who need constant assistance due to the loss of their ability to care for themselves can receive permanent care.
2. Physical disabilities: Residential care can be established for individuals with severe physical disabilities who require constant assistance and care.
3. Mental disorders: Permanent care may be ordered for persons with mental disorders who have been declared incapacitated or partially incapacitated by a court on the basis of a medical report.
4. Other circumstances: Permanent care can be established in cases where a person is unable to make decisions about his or her life and health, management of property, or has been a victim of violence, abuse or neglect.

Procedure for applying for permanent care

The procedure for applying for permanent care includes several main stages:

1. Medical and social assessment: The first stage is a medical and social assessment that determines the need for long-term care. This assessment is carried out by licensed medical institutions and determines the degree of disability or incapacity.
2. Submission of an application for the establishment of permanent care: The interested person, relatives or social security authorities submit an application to the relevant social security authorities or to the court at the place of residence of the person in need of care. The application must state the grounds for the establishment of permanent care and include medical reports and other necessary documents.
3. Consideration of the application: The social protection authorities or the court consider the application, hear witnesses, experts and other interested parties. If necessary, additional examinations may be ordered or additional documents requested.
4. Making a decision on the establishment of permanent care: After reviewing the application, the social welfare authorities or the court make a decision on the establishment of permanent care and appoint a carer. The decision of the court or the social welfare authority is binding.
5. Registration of permanent care: The decision on the establishment of permanent care is registered with the social welfare authorities or in the relevant state registers. 
6. The carer receives a certificate and assumes his/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 in need of constant care.
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, taking into account his or her physical and mental needs.
2. Duty to manage the ward's property: A caregiver is obliged to manage the ward's property in the ward's best interests, to preserve it and to ensure its efficient use. This includes managing the ward's finances, property rights and other resources.
3. Duty to report: The caregiver is obliged to report to the social protection authorities or the court on the use of the ward's property, the receipt and expenditure of social benefits, and the health and care of the ward.

Social guarantees for persons in need of permanent care and carers

Ukrainian legislation provides for a number of social guarantees for people in need of permanent care and their carers. 

The main social guarantees include:

1. Social benefits: Persons in need of permanent care are entitled to receive an old-age pension, disability pension or social assistance as provided by law.
2. Medical care: Persons in need of permanent care are entitled to free medical care, rehabilitation services, sanatorium treatment and other medical services.
3. Housing and utility benefits: Persons in need of permanent care and their carers are entitled to benefits for housing and utilities, including discounts and subsidies.
4. Social services: Persons in need of permanent care and their carers are entitled to social services, including nursing care, support in housekeeping, psychological assistance and other services.

Court practice

Court practice in cases of permanent care shows real cases of dispute resolution and protection of the rights of persons in need of care. 

Here are some examples of court cases:

1. Case on the establishment of permanent care: The relatives of a person in need of permanent care filed an application with the court for the establishment of care. 
2. The court, having reviewed medical reports and heard from the parties concerned, decided to establish permanent care and appointed a carer.
3. A case of appeal against the actions of a carer: A person in need of permanent care challenged the actions of his carer, claiming that the carer 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 ward's rights.
4. A case on the provision of social benefits: A person in need of constant care or his carer appealed against the refusal of the social security authorities to provide social benefits. The court, having considered the evidence and documents confirming the health status and the right to social benefits, ruled in favour of the plaintiff and ordered the social security authorities to provide the appropriate payments.