ESTABLISHING GUARDIANSHIP OVER A DISABLED PERSON OF GROUP 2

People with disabilities of the II group are capable of self-care, but cannot work in normal production conditions. The process of establishing guardianship over a disabled person of the II group is long and complicated, as it requires the collection of a large package of documents, an understanding of the legal procedures for registration of guardianship, and the availability of sufficient time for its implementation. The purpose of this article is to consider who can become a guardian, where to apply, and to emphasize the importance of legal support during this process.

Who has the right to issue guardianship over a disabled person of the 2nd group

Establishment of guardianship or conservatorship is the process by which executive authorities or a court determines who will be responsible for the care of children or adults with disabilities.

It is important to distinguish between the concepts of custody and care:

• Guardianship is established over minors (up to 14 years old) who are orphans or deprived of parental care, as well as over persons recognized as incompetent.
• Guardianship is established over minors (from 14 to 18 years old), who are orphans or deprived of parental care, and over persons whose civil capacity is limited.

A guardian is appointed when a person is recognized as completely incapable, and a guardian is appointed when a person's legal capacity is limited.

Guardian requirements:

• Preference is given to relatives.
• Important personal relationships between the parties.
• Only an able-bodied individual who is able to provide for the needs of the ward can become a guardian.
• It is necessary to have a voluntary desire to establish guardianship, confirmed in writing.

Representatives of state authorities carefully approach the choice of a guardian, giving preference to the person who will best care for a person with a disability. The personal wishes of a person with disabilities are also taken into account.

Where to apply and what documents are needed

First of all, it should be noted that guardianship registration establishes a legal relationship between the guardian and his ward (a person with a disability) to provide assistance and protection to the latter.

To apply for guardianship, a citizen needs:

• Preparation of the application: Make a written application on declaring a person incapable. The application is submitted to the local court of first instance at the place of residence of the person who needs to be declared incompetent, or, in some cases, at the location of the medical institution (if the person is undergoing treatment). The application can be submitted personally by the applicant, his representative or guardianship authorities. The necessary package of documents must be attached to the application, in particular, medical certificates confirming the presence of health disorders and documents confirming the family ties between the applicant and the future ward.
• Opening of court proceedings: After checking the submitted application, the court establishes grounds for opening proceedings and appoints the case for consideration.
• Court session: The participants in the case (applicant, interested persons) appear on the appointed date, time and place of the court session, where the consideration of the case, examination of evidence and hearing of the parties begins.
• Appropriation of an examination: In cases where it is necessary to declare a person incompetent, the court must appoint a forensic psychiatric examination, which must establish the presence of a persistent mental or physical disorder in the person.
• Resumption of proceedings: After receiving the results of the forensic psychiatric examination, the court within 10 days resumes the proceedings in the case and appoints the date, time and place of consideration of the merits of the case.
• Making a decision on the case: The court examines all the evidence in the case and makes a decision to satisfy or reject the applicant's claims. In case of a positive decision, the court recognizes the person as incapable and appoints a guardian for him. Such a decision is valid for no more than 2 years.

Can a guardian or custodian be mobilized by persons with disabilities of group I or II?

According to the Law of Ukraine "On Mobilization Training and Mobilization", conscripts are not subject to conscription for military service during mobilization:

• Guardians of a person with a disability recognized by the court as incapable.
• Persons who constantly care for a person with a disability of the I group.
• Persons who constantly care for a person with a disability of group II or for a person who, according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution, needs constant care, provided there is no other persons who can provide such care.

According to Article 23 of this law, conscripts who have a wife (husband) with a disability or a parent or parents of a wife (husband) with a disability of group I or II are not subject to mobilization, provided that these persons with disabilities do not have other able-bodied persons obliged to support them.

A conscript must prove that there are no other persons besides him who are obliged by law to support a person with a disability.

Legal analysis of registration of guardianship over a disabled person of the 2nd group in Ukraine

Regulation of guardianship over a person with a disability of group 2 in Ukraine involves a complex legal process, which includes submitting an application to the local court to declare the person incompetent, conducting a forensic psychiatric examination to confirm incapacity, as well as submitting to a package of documents, including court decisions and medical reports. The guardian has the right and obligation to represent the interests of the ward, providing him with the necessary living conditions, and to be subject to control by the relevant authorities to ensure the protection of the rights of the disabled person. The guardian is also entitled to payments for guardianship of a disabled person of the 2nd group.

The role of a lawyer during the registration of guardianship over a disabled person of the 2nd group

During the registration of guardianship over a person with a disability of the 2nd group, the consultation of a lawyer is critical. The lawyer provides professional assistance in preparing an application to the court on recognition of incapacity, choosing a strategy for the protection of the ward and managing legal procedures. The price of the consultation varies depending on the experience and qualifications of the lawyer, as well as the complexity of the case, but is usually justified by the effectiveness.