Publication date: 11.04.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
How to obtain guardianship over an incapacitated person. The registration of guardianship over an incapacitated person requires compliance with a certain procedure, which includes an appeal to the court or the relevant body of guardianship and guardianship. Here is the general algorithm of actions, how to issue guardianship over an incapacitated person in Ukraine:
How to start the registration of guardianship over an incapacitated person, where to start registering guardianship over an incapacitated person.
Step 1: Assessment of incapacity
Medical examination: A person's incapacity must be confirmed by a medical opinion. For this, it is necessary to contact a medical institution for the appropriate examination.
Step 2: Submission of documents
Applying to the guardianship authority or the court: The applicant (the person who wants to become a guardian) applies to the guardianship authority or directly to the court, depending on national law. All necessary documents, including a medical opinion on incapacity, are attached to the application.
Step 3: Review the case
Guardianship authority or court: The relevant authority evaluates the application, the circumstances of the case, may involve the relatives of the incapacitated person in the consideration, and also conducts an examination of the applicant for his ability to perform the duties of a guardian.
Step 4: Decision to appoint a guardian
Appointment of a guardian: If, based on the results of the case review, it is established that the person really needs guardianship, and the applicant can perform the duties of a guardian, a decision is made to appoint a guardian.
Step 5: Registration of guardianship
Preparation of documents: After the decision is made, the guardian is registered in the relevant registers, and documents are issued that confirm his rights and obligations. The entire guardianship process requires compliance with legal procedures and may vary depending on the specific legislation of the country or region.
Documents for registration of guardianship over a legally incompetent person in Ukraine. To register guardianship over an incapacitated person, it is necessary to collect and submit a certain package of documents. The list of documents may vary depending on the legislation of the country or region, but the main documents usually include:
Application for the appointment of a guardian is a completed application addressed to the head of the guardianship and guardianship body or the court with a request to appoint the applicant as the guardian of an incapacitated person.
Document certifying the identity of the applicant - a copy of the passport or other document certifying the identity of the applicant.
Medical opinion - an official document from a medical institution confirming the state of health and incapacity of the person for whom guardianship is established. The conclusion should contain information about the diagnosis, the degree of limitation of the person's ability to live independently, and the resolution of personal issues.
Certificate of family composition - a document that confirms the composition of the family of the person under guardianship.
Documents confirming kinship or family ties with the disabled person (if the guardian is a relative).
Documents confirming the right of ownership or place of residence of an incapacitated person.
Certificate of the applicant's income (if necessary) - to confirm the applicant's financial ability to support an incapacitated person.
Consent of other relatives to appoint the applicant as a guardian (if this is provided for by local law).Conclusion of the body of guardianship and care about the applicant's ability to perform the duties of a guardian.
This list is indicative and you should contact your local guardianship authority or legal advisor for exact information and a complete list of documents.
