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Publication date: 19.10.2024
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Guardianship of a disabled person of group 2 is the official appointment of a person (guardian) to provide care, protection of the rights and interests of a person with a disability who, due to his health condition, cannot independently take care of himself, make decisions or carry out transactions. This is established in accordance with the legislation of Ukraine and is regulated by the family and civil codes.
The main aspects of guardianship of a disabled person:
- Appointment of a guardianship of a disabled person of group 2 Ukraine: a guardian can be a person who has full legal capacity, has no criminal record that prohibits guardianship, and is able to provide adequate care. The appointment of a guardian takes place through the decision of the body of guardianship and care at the place of residence of a person with a disability.
- Duties of a guardian: providing care for a person with a disability. Management of the ward's property and finances, if required. Solving legal, social and medical issues on behalf of the ward.
- Carer's rights: receiving social benefits and benefits intended for carers (eg monthly carer's allowance). Representation of the ward's interests in medical and legal institutions.
- The guardianship registration procedure: applying to the guardianship and guardianship authority with an application and documents confirming the person's disability status (for example, the MSEK opinion) and the possibility and desire to become a guardian.
- Control by the state: guardianship and guardianship authorities supervise the guardian's activities to ensure the protection of the interests of a person with a disability.
Question
Is it possible to arrange guardianship over a disabled person of the 2nd group?
Answer
Yes, in Ukraine it is possible to issue guardianship over a person with a disability of the 2nd group.
The guardianship registration procedure involves several stages. Guardianship of a disabled person provides an opportunity to officially and legally provide care and support for a person with a disability, as well as to receive assistance and benefits provided by the state. Registration of guardianship over a person with a disability of the 2nd group in Ukraine is a process that requires compliance with certain legal procedures and the help of a lawyer in order to registration of guardianship over a disabled person of group 2 in Ukraine.
The main steps of how to obtain guardianship over a disabled person of group 2:
- Applying to the social protection authorities: to register guardianship, it is necessary to apply to the social protection authority of the population at the place of residence or stay of the person for whom guardianship is planned. It is necessary to write an application for the appointment of a guardian.
- Collection of necessary documents: passport of a citizen of Ukraine and identification code of the applicant (the person applying for guardianship). Passport and identification code of a person with a disability (if he/she is capable of providing these documents), medical documents confirming the state of health of a person with a disability, including the conclusion of the MSEK on establishing a disability of group 2, a certificate of family composition or a document confirming the place of residence of the person who needs care. Other documents that may be required by the social security authority (for example, a certificate of income or a certificate of no criminal record for the guardian).
- Issuing the opinion of the guardianship and guardianship authority: the guardianship and guardianship authority conducts an examination of the living conditions of the future guardian and the person in need of guardianship, in order to assess the compliance of their conditions with the requirements of the law. After the examination, an examination report is drawn up and a conclusion on the possibility of appointing a guardian is prepared.
- Proceedings in court (if necessary): In some cases, a court order may be required to establish a guardianship (for example, if a person with a disability is unable to represent his or her own interests). In this case, the future guardian files a claim to the court to declare the person incapable or to appoint him as guardian.
- Appointment of a guardian and formalization of guardianship: after a positive conclusion of the body of guardianship and guardianship or a court decision (if necessary), guardianship of a person with a disability is officially formalized. The guardian is issued with a guardian's certificate and other documents confirming his authority.
- Guardianship registration in the relevant bodies: the guardianship and guardianship body or the social protection body registers the appointment of a guardian. Subsequently, the guardian must regularly report on his activities and the state of the ward body, which monitors the fulfillment of the guardian's duties.
A lawyer or an attorney with experience in matters of guardianship of the legal service "Consultant" can help with the preparation of documents, the correct drafting of statements and lawsuits, as well as support in court. Registration of guardianship over a disabled person of the 2nd group in Ukraine is a complex process that requires time and attention to detail, therefore it is important to comply with all the requirements of the law and, if necessary, seek legal help on the question of whether it is possible to register a guardianship over a disabled person of the 2nd group.
In Ukraine, social benefits are provided for the guardianship of a disabled person of the 2nd group. These payments for guardianship of a disabled person of group 2 can take different forms and amounts depending on the specific circumstances. The main types of payments and the conditions for receiving them are described below:
- Monthly cash assistance for care: if a person with a registration of guardianship over a disabled person of group 2 needs constant care, the person who provides this care (guardian) can apply to the social security authorities for registration of monthly assistance. The amount of the benefit depends on the income of the person with a disability and the guardian, as well as on the availability of other social benefits (for example, a disability pension).
- Disability pension for a person with a disability: a person with a disability of group 2 can receive a disability pension, which is calculated according to his work experience and other factors. The guardian does not receive this pension directly, but can use it to support the needs of the ward.
- Carer's compensation: In some cases, carers can receive compensation for caring for a person with a group 2 disability. In order to receive compensation, it is necessary to apply to the social security body with a corresponding application and confirm the ward's need for constant care.
- Utility benefits: Carers of persons with disabilities may be eligible for utility benefits (for example, a discount on electricity, water, gas, etc.). In order to receive benefits, you need to submit an application to the social security authority or communal services and provide supporting documents about the guardian's status.
The procedure for Is it possible to obtain guardianship over a group 2 disabled person:
Contact the social protection body at the place of residence of the guardian or ward.
Provide documents confirming the ward's disability status (MSEK conclusion), as well as documents confirming the fact of providing care.
After considering the application and checking the documents, the social protection authority makes a decision on the assignment of payments.
If there are difficulties in the process of registration of guardianship over a disabled person of group 2 in Ukraine or with the registration of payments, it is recommended to contact a lawyer who specializes in social issues at our "Consultant" service. He will help to correctly prepare documents and control the process of their review, as well as provide advice on how to obtain guardianship over a group 2 disabled person in Ukraine or, for example, how to obtain guardianship over a mother with a group 2 disability and provide support even in the process of passing the MSEK. Receiving payments for guardianship of a person with a arrange guardianship over a disabled person of group 2, but requires compliance with procedures and collection of necessary documents.
