Guardianship over a mentally ill person is a responsible step that requires careful compliance with the law. If your loved one needs constant assistance in everyday life or protection of their rights due to a health condition, guardianship will become a necessity.
Why it is important to take out a guardianship of a mentally ill person in Ukraine
Without the official status of a guardian, you will not be able to legally represent the interests of a person with mental disorders in institutions, dispose of their property or ensure access to social benefits. The following opportunities are available through the guardianship process:
- Protection of the rights and property of an incapacitated person.
- Legal representation of interests in court or other bodies.
- Ensuring access to medical services, social benefits and privileges.
At the same time, the duties of a guardian require responsibility, so it is important to understand all the legal and moral aspects of this status. A properly formalised guardianship can provide a person with mental disorders with stability and support in everyday life.
The main stages of guardianship registration
The process of obtaining guardianship is a multi-stage process that requires strict adherence to legal regulations. From the preparation of documents to court proceedings, each stage is crucial for the successful completion of the procedure. Engaging a lawyer will help minimise risks and simplify the process.
- Obtaining a medical certificate. The first step is to consult a psychiatrist to confirm the person's condition. The conclusion must state that the person cannot make decisions independently and needs guardianship.
- Applying to the court. The next step is to file an application with the court to declare the person incapacitated. The application must be accompanied by a medical report; a person's birth certificate or passport; and other documents confirming the need for guardianship.
- Court proceedings. The court appoints an expert examination to assess the person's health. The decision on incapacity is made on the basis of medical conclusions and evidence.
- Appointment of a guardian. After the court makes a decision, the guardianship and custody authorities officially appoint a guardian. He or she must perform duties in accordance with the law.
- Performance of the guardian's duties. A guardian is responsible for meeting the daily needs, managing financial affairs and protecting the rights of a person with mental disorders.
Each stage is accompanied by the preparation of documents and compliance with legal requirements. It is important not only to go through all the procedures, but also to understand your responsibilities as a guardian to ensure maximum protection for the ward.
Typical documents for obtaining guardianship
Becoming a guardian requires the collection of a full package of documents that confirm both the person's health status and your ability to perform the duties of a guardian. Incorrectly executed or incomplete documents may cause a delay in the process or even a refusal to appoint a guardianship.
- The applicant's passport.
- Medical report on the person's health.
- Documents confirming kinship (if any).
- Birth certificate or passport of an incapacitated person.
- An application to the court.
- Certificate of no criminal record of the applicant.
A properly prepared package of documents will significantly speed up the process and ensure a positive court decision. Involving a lawyer will help you avoid mistakes and go through all the stages of the process as efficiently as possible.
Important questions about guardianship of a mentally ill person:
Question
Can a guardian independently dispose of the property of an incapacitated person?
Answer
The guardian has the right to dispose of property only in the interests of the ward. Any actions with real estate or valuable property require the permission of the guardianship authorities.
Question
Is it possible to change the guardian if he/she does not fulfil his/her duties?
Answer
Yes, the guardian can be changed by applying to the court or guardianship authorities if there is evidence of improper performance of his or her duties.
Legal assistance from the ‘Consultant’:
Documentary accuracy. Avoiding mistakes when drafting an application.
Protection of interests. Guarantee of observance of the rights of the incapacitated person and the guardian.
Speeding up the process. Effective solution of bureaucratic issues.
An integrated approach. Consultation, preparation of documents, legal representation.
Experienced lawyers of the legal service ‘Consultant’ will help you to legal registration of guardianship over a mentally ill person quickly and in accordance with the law. Contact us for a free consultation so that we can help you protect the rights of your loved one and find the best solution in your situation.
Registration of guardianship over a mentally ill person is a complex but necessary process that requires a professional approach. An experienced lawyer will not only facilitate the passage of all legal stages, but will also help to ensure the interests of your client.
