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Recognizing Client’s Mother as Legally Incapable and Establishing Guardianship

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Zilbert Oleg
Lawyer
Ukraine / Vinnytsia Oblast
Zilbert Oleg

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Publication date: 26.05.2025

Hello! My name is Oleh Zilbert. I’m originally from Ukraine and have been working in the legal field for over 20 years. I hold three higher education degrees and have deep expertise in intellectual property, IT law, and corporate legal support. Currently, I serve as the Chief Legal Counsel at Forbes Ukraine and as a Legal Advisor to FairPixel — a company specializing in the creation and protection of digital products, from software to video games. I also have experience supporting startups, handling legal matters for international IT companies, and working with foreign clients. One of my key areas of interest is intellectual property in the digital age. In addition, I’ve completed training with the World Intellectual Property Organization (WIPO), the Kyiv School of Economics (AI for Lawyers course), and a professional retraining program “New Profession: Auditor” taught by EY experts. If you work in the digital product space, need copyright protection, or are planning the legal structure of your business — I’ll be happy to help. Feel free to get in touch!

Legal assistance in declaring a person incapacitated and establishing guardianship — from consultation to court decision

In 2024, a client approached me with a request to have his mother declared legally incapacitated and to obtain guardianship over her. The reason was severe mental health issues that prevented her from understanding the meaning of her actions or controlling them. The goal was to protect the mother’s interests and legally establish guardianship.

I joined the case at the stage of preliminary analysis of her health condition and legal status. It was necessary to gather medical reports, build an evidence base, submit a claim to the court and guardianship authority, and represent the client during court proceedings.

 

What steps are required to declare someone incapacitated?

  1. Initial consultation and evidence collection. Case details are analyzed, and medical certificates, health records, and psychiatric evaluations are collected.
  2. Preparation and submission of a legal claim. A claim is drafted and submitted to the court along with all required documentation.
  3. Application to the guardianship authority. A set of documents is submitted to assess living conditions and create an official report.
  4. Court hearing. Legal representation, attendance at hearings, submission of motions, and substantiating the client’s position in court.
  5. Obtaining a court decision and formalizing guardianship. Court ruling on incapacity and appointment of a guardian, followed by official registration.

 

Case from legal practice

Situation: a client sought to become the legal guardian of his mother, who was suffering from dementia and required constant care. Without legal status as a guardian, he could not manage her pension, represent her interests, or make medical decisions.

Actions:

  • Collected medical records and a psychiatrist’s report;
     
  • Prepared and submitted a court claim;
     
  • Filed an application with the guardianship authority with supporting documents;
     
  • Provided full legal representation in court;
     
  • Obtained a court decision declaring the mother incapacitated and appointing the client as guardian;
     
  • Assisted with registration and legal formalization of the guardianship.

Result: the client was officially appointed guardian and received legal authority to protect his mother’s interests, manage her assets, seek social assistance, and interact with institutions.

 

What exactly do I offer?

  • Personalized approach
    I assess the specific circumstances of each case, assist in gathering medical documentation, and develop a sound legal strategy.
  • Document preparation
    I prepare legal claims, statements, applications to guardianship authorities, and help obtain expert opinions.
  • Legal representation
    Full representation in court — defending your interests, preparing motions, and attending hearings.
  • Registration support
    Assistance with the registration of the court decision and interaction with social and state services.
  • Confidentiality and care
    A sensitive approach to family matters, constant communication, and clear explanations at every stage.

 

Why do clients trust me?

  • Experience in incapacity and guardianship cases
  • Knowledge of legal practice and medical-legal issues
  • Systematic and result-oriented approach
  • Legal accountability and confidentiality

 

Conclusion

If your loved one requires constant care and you want to legally protect their interests — contact me. I will help you obtain guardianship in accordance with the law, from medical assessment to the final court ruling.

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Establishing guardianship is a way to legally formalize your care. With the right strategy and support, this process can be stress-free.

 

 

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