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Publication date: 11.04.2024
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Guardianship of a mentally ill person in Ukraine is a legally regulated procedure that allows taking responsibility for a person who, due to his condition, cannot independently exercise his rights and obligations. This procedure provides for the appointment of a guardian or custodian to protect a person's rights and interests, ensure his needs for care, treatment, property management, etc.
Key aspects of guardianship over mentally ill persons, what gives guardianship over a mentally ill person in Ukraine:
Appointment of the guardian: The guardian is appointed by the body of guardianship and guardianship after carrying out the appropriate procedure of assessment of the condition of the person and the potential guardian. These can be both relatives and persons who are not relatives, but are ready to take on such responsibilities.
Protection of rights and interests: The guardian acts in the interests of the ward, ensuring his rights and legal interests, in particular in matters of medical care, social security, property management.
Responsibility of the guardian: The guardian is responsible for the fulfillment of his duties to the ward and the state. This includes proper care of the ward, provision of his needs, protection of his rights.
Limitation of the ward's rights: In some cases, guardianship may involve the limitation of certain rights of the ward in order to protect his interests, for example, in matters of property management.
Control over the activities of the guardian: Guardianship and guardianship authorities exercise control over the activities of the guardian to ensure that he fulfills his duties properly.
Registration of guardianship over a mentally ill person in Ukraine requires an application to the body of guardianship and care at the person's place of residence, submission of relevant documents and passing the assessment procedure. This ensures not only protection of the ward's rights, but also support and assistance in everyday life.
Guardianship over a person with mental disorders in Ukraine involves a number of rights and responsibilities for the guardian, as well as important guarantees and protection for the ward. Here are the main aspects and advantages of guardianship over a mentally ill person in Ukraine:
For the ward:
Protection of rights and interests: The guardian acts in the interests of the ward, protecting his rights and expression of will in all spheres of life.
Care and support: Provision of appropriate care, medical care, social support and rehabilitation.
Property management: The guardian acts as a representative of the ward in matters related to the management of his property and finances, acting exclusively in the interests of the person.
Representation of interests: The guardian can represent the interests of the ward in authorities, institutions, organizations, courts, etc.
For the guardian:
Official recognition: The guardian receives an official status and documents certifying his rights and obligations, giving a legal opportunity to act in the interests of the ward.
The right to manage property: In the presence of appropriate powers, the guardian has the right to manage the property and finances of the ward, but with mandatory observance of the latter's interests.
Support from the state: In some cases, depending on the legislation and the specifics of the situation, caregivers can receive support from the state, for example, in the form of social benefits or benefits.
Guardianship of a mentally ill person in Ukraine requires a responsible attitude and willingness to take care of another person, taking into account their needs and interests. Establishing a guardianship is an important step to ensure the protection of the rights and well-being of persons with mental disorders.
Establishing guardianship over a mentally ill person can be a complex process that requires compliance with legal norms and procedures. Legal assistance in this case can be indispensable. The involvement of a qualified lawyer or attorney allows not only to issue a guardianship correctly, but also to ensure the protection of the rights of both the ward and the guardian, contributing to the effective performance of the guardian's duties.
