Publication date: 11.04.2024
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How to issue guardianship over a pensioner in Ukraine, guardianship of a Ukrainian pensioner. The process of registering guardianship over a pensioner who, due to his health condition, needs help in everyday life or cannot independently exercise his rights, is regulated by legislation and is carried out through local guardianship and guardianship bodies. To register guardianship, you need to perform several steps:
1. Collection of documents. To begin with, you need to collect the following documents necessary for registration of guardianship over a pensioner:
- Application for the appointment of a guardian or custodian.
- Medical opinion on the pensioner's state of health confirming the need to establish guardianship (incapacity or limited legal capacity of the person).
- Copies of documents certifying the identity of the applicant and pensioner (passport, identification code).
- Certificate of family composition.
- Other documents at the request of local guardianship and guardianship authorities.
2. Appeal to the guardianship authority
With all the collected documents, you need to contact the local guardianship authority at the pensioner's place of residence. It can be a department for family and youth affairs, a department for social protection of the population or another relevant authority.
3. Consideration of the application
The body of guardianship and guardianship considers the application and makes a decision on the appointment of a guardian or custodian. At the same time, checks of living conditions, financial status of the applicant, etc. may be carried out.
4. Making a decision
After reviewing the case and making a positive decision, the guardianship authority issues the appropriate document on the appointment of a guardian or custodian.
5.Registration in court
Depending on the circumstances, it may be necessary to register the decision in court, especially if it concerns the establishment of guardianship over an incapacitated person.
Guardianship over pensioners, who is recognized as incapable, provides full representation of his interests. At the same time, guardianship applies to persons who have limited legal capacity and need help in carrying out certain transactions.
It is recommended to consult a lawyer or an attorney who specializes in family and guardianship law to take into account all the nuances and ensure the legality of the process.
This process can vary depending on the specific circumstances of the case and local law, so it is important to contact your local guardianship authority for up-to-date information.
Registration of guardianship over an incapacitated pensioner in Ukraine requires the fulfillment of certain conditions and procedures. These conditions ensure the protection of the rights of incapacitated persons and effective control over the guardian's actions. Here are the main aspects, guardianship of an 80-year-old pensioner:
Definition of incapacity:
Medical opinion: The incapacity of the pensioner must be confirmed by the opinion of the medical commission, which indicates the need to establish guardianship due to physical or mental limitations.
Appeal to the guardianship authority:
Submission of an application: The applicant (potential guardian) submits an application to the body of guardianship and guardianship at the place of residence of the disabled pensioner.
Documents:
List of documents: The applicant submits a package of documents, which includes a medical report, personal documents of the applicant and the pensioner, documents confirming kinship or other grounds for guardianship.
Checking living conditions:
Assessment of living conditions: The guardianship authority can check the conditions in which the pensioner lives, as well as the applicant's ability to provide adequate care and living conditions.
Decision of the guardianship body:
Making a decision: Based on the collected data, the guardianship body makes a decision on the appointment of a guardian.
Rights and obligations of the guardian:
Formalization: After the decision is made, the guardian receives official documents that regulate his rights and obligations, including the management of the ward's property and personal affairs.
Monitoring and control:
Periodic monitoring: The guardianship authority periodically monitors the activities of the guardian to ensure proper care of the disabled pensioner.
It is important to note that in case the guardian does not fulfill his duties or abuses them, the guardianship body may decide to change the guardian or apply other measures of influence.
