Publication date: 11.04.2024
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How to get guardianship over a disabled person. Guardianship of a person with a disability is an important social and legal procedure that ensures the protection of the rights and interests of persons who, due to their condition, cannot independently exercise their rights and obligations. Here are the main aspects and steps you need to know when applying for guardianship:
1. Determination of the need for guardianship:
Guardianship can be established for persons who, due to their physical or mental condition, cannot independently protect their rights and interests. These can be persons with intellectual disabilities, serious physical disabilities or mental disorders.
2. Appeal to the guardianship authority:
The procedure begins with an application to the local body of guardianship and care at the place of residence of the person who needs guardianship. The applicant can be a relative, another interested person or the guardianship body itself.
3. Submission of documents:
Necessary documents are attached to the application for the establishment of guardianship, in particular, a medical report on the state of health of the person who needs guardianship, documents confirming the personal relationship between the applicant and the person, documents on the person's property, etc.
4. Definition of guardian:
A trusted person who is able to perform the duties of a guardian and ensure the protection of the rights and legitimate interests of the ward may be appointed as the guardian. The choice of guardian is carried out taking into account the opinion of the person who needs guardianship, if he is able to express his will.
5. The decision to establish guardianship:
The final decision on the appointment of a guardian and establishment of guardianship is made by the body of guardianship and guardianship. The decision must be formalized in an appropriate document that gives the guardian rights and defines his duties.
6. Fulfillment of guardian's duties:
The guardian is obliged to ensure the protection of the rights and interests of the ward, to manage his property in the interests of the ward, to ensure the receipt of the necessary medical and social assistance.
7. Control over the activities of the guardian:
The body of guardianship and guardianship exercises control over the activities of the guardian, may demand from him reports on the state of performance of duties.
Caring for a person with a disability requires a lot of responsibility, but at the same time it is extremely important to protect the rights and interests of people who find themselves in difficult life circumstances.
Where to apply for guardianship of a disabled person. Registration of guardianship over a person with a disability is carried out through local guardianship and guardianship bodies. These structures may be part of local administrations, social services or other relevant institutions. Here are the steps you usually need to follow:
Contacting the guardianship authority: The first step is to contact the local guardianship authority in the place of residence of the person who needs guardianship. It can be, for example, the social protection administration of the population at the person's place of residence.
What documents are required for guardianship of a disabled person. Submission of required documents: The applicant will need to submit a set of documents, which may include:
- Application for the appointment of a guardian or custodian.
- Medical opinion on the state of health of the person confirming the need for care.
- Documents identifying the person who wishes to become a guardian (passport, identification code).
- Other documents at the request of the guardianship authority.
Assessment of the applicant's ability to be a guardian: The guardianship authority will conduct an assessment of the applicant's ability to fulfill the duties of a guardian, which includes checking living conditions, financial status, presence of criminal records, etc.
Making a decision: After considering the case, the guardianship authority makes a decision on the appointment of a guardian and issues a corresponding decision.
Preparation of documents: After the decision is made, relevant documents are prepared that confirm the person's right to act as a guardian.
Please note that the procedure and list of required documents may vary depending on the specific jurisdiction and local law. Therefore, before starting the procedure, it is recommended to contact your local guardianship authority for advice or a legal consultant for professional help.
