Guardianship over a grandmother: registration procedure and legal subtleties

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Andrew

Lawyer

Ukraine / Kyiv

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Publication date: 28.07.2024

Guardianship over a grandmother: registration procedure and legal subtleties

Grandmother guardianship is an important legal institution that protects the interests and rights of elderly people who cannot take care of themselves. In this article, we will consider in detail the procedure for registration of guardianship over a grandmother in Ukraine, as well as the legal subtleties of this process. You will learn what documents are required to register guardianship, what rights and responsibilities the guardian has, as well as how to get advice from a lawyer to resolve legal issues.

Basic provisions of guardianship in Ukraine

Guardianship is regulated by the Civil Code of Ukraine and other legal acts. According to Ukrainian legislation, guardianship can be established over minor children, as well as over adults who cannot take care of themselves due to age or illness.

Basic provisions of guardianship:

• The guardian is appointed by a court decision.
• The guardian is responsible for protecting the rights and interests of the ward.
• The guardian has the right to represent the ward in all legal matters.
• The guardian is obliged to provide the ward with the necessary medical assistance and care.

Who can become a guardian

A person who meets certain requirements established by law can become a guardian. 

These requirements are designed to ensure an adequate level of protection and care for the ward.

1. A citizen of Ukraine or a person permanently residing on the territory of Ukraine.
2. An adult who has full legal capacity.
3. A person with a good reputation and no criminal record.
4. A person who is able to provide proper care for a ward.

Requirements for the guardian:

• The guardian cannot be deprived of parental rights.
• The guardian must be physically and mentally healthy.
• The guardian must have a permanent source of income.

The procedure for appointing a guardian

The procedure for appointing a guardian includes several stages, each of which has its own characteristics. 

First of all, it is necessary to submit an application to the court, after which the case is heard.

1. Submission of an application to the court. An application for the appointment of a guardian is submitted to the court at the ward's place of residence. In the application, it is necessary to indicate the reasons for which the appointment of a guardian is necessary, as well as to provide documents confirming these reasons.
2. Judicial proceedings. After the application is submitted, the court sets the date of the court session, at which the case on the appointment of a guardian will be considered. The court takes into account all the circumstances of the case, and also listens to the opinion of the ward, if possible.
3. Court decision. Based on the collected evidence and heard testimony, the court issues a decision on the appointment of a guardian. The court's decision defines the guardian's rights and duties, as well as the conditions under which the guardianship will be exercised.

Necessary documents for submitting an application:

• A copy of the applicant's passport.
• Medical certificate about the applicant's state of health.
• Certificate of income of the applicant.
• Documents confirming the need for guardianship (medical reports, inspection reports, etc.).

Rights and obligations of the guardian

The guardian has broad powers to protect the rights and interests of the ward, but at the same time, he is also entrusted with great responsibility.

Rights of the guardian:

• Represent the interests of the ward in courts and other authorities.
• Manage the ward's property in his interests.
• Provide the ward with the necessary medical care.

Duties of the guardian:

• Take care of the ward's physical and mental condition.
• To report to guardianship authorities on the performance of their duties.
• Comply with legal requirements regarding guardianship.

Responsibility of the guardian:

• The guardian may be deprived of guardianship rights in case of improper performance of his duties.
• The guardian is responsible for the damage caused to the ward due to his negligence.

Termination of guardianship

Guardianship can be terminated both at the initiative of the guardian and at the initiative of the ward or guardianship authorities. 

Termination of guardianship is carried out through the court.

1. Guardian's initiative. The guardian has the right to apply to the court for termination of guardianship if he can no longer fulfill his duties.
2. The initiative of the ward. A ward who has reached the age of majority or has recovered can apply to the court for termination of guardianship.
3. The initiative of guardianship bodies. Guardianship authorities can file an application for termination of guardianship in case of improper performance of the guardian's duties.

Procedure for termination of guardianship:

• Submitting an application to the court.
• Judicial review of the case.
• Court decision on termination of guardianship.

Legal subtleties of guardianship

Guardianship over a grandmother is associated with certain legal subtleties that must be taken into account when registering a guardianship.

1. Consultation of a lawyer. It is recommended to seek the advice of a lawyer for the correct registration of guardianship. a lawyer in Ukraine will help you understand all legal aspects and prepare the necessary documents.
2. legal analysis of documents. Before submitting the application to the court, the lawyer will conduct a legal analysis of the documents to ensure that they meet the requirements of the law.
3. legal opinion. a lawyer in Kyiv can provide a legal opinion on the possibility of appointing guardianship and compliance of documents with legislation.

Important aspects:

• an online lawyer can provide advice and assistance in the registration of guardianship remotely.
• a legal analysis of the situation will help to identify possible risks and avoid mistakes when registering guardianship.
• verification of documents by a lawyer will ensure their compliance with legislation.

Advantages of obtaining legal advice

There are a number of advantages to obtaining legal advice when registering a guardianship, which will help you successfully go through this process.

1. professional help. consulting a lawyer will allow you to get professional help in solving legal issues related to guardianship.
2. legal opinion of the lawyer. a lawyer will provide a legal opinion that will help you understand all aspects of guardianship and make an informed decision.
3. document analysis. an online lawyer will analyze the documents to ensure that they meet the requirements of the law.

Additional benefits:

• A written consultation allows you to get a detailed explanation of all issues related to guardianship.
• a lawyer can help you prepare the necessary documents and accompany you at all stages of the guardianship registration process.