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How to obtain guardianship over a disabled person of group 1

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Borevych Mariia
Lawyer
Ukraine / Kyiv
Borevych Mariia

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Publication date: 12.04.2024

I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.

How to obtain guardianship over a group 1 disabled person in Ukraine. A disabled person of the 1st group in Ukraine is a person who has significant limitations in life activities due to their health, which requires constant external care or assistance from other persons. This status is determined on the basis of a medical examination and the decision of the Medical and Social Expert Commission (MSEK), which assesses the degree of health loss and physical limitations that affect a person's ability to lead an independent lifestyle.


The main criteria for recognizing a disabled person of group 1 include:


Disability: Significant limitations in the ability to perform professional activities or total disability.


Need for constant care: The need for constant help from others to carry out daily living needs, such as feeding, dressing, moving and other basic activities.


Significant limitations in self-care and mobility: Difficulty in performing daily activities such as locomotion, personal hygiene, and others.


        What does guardianship over a disabled person of group 1 provide? registration of guardianship over a disabled person of group 1 in Ukraine. What this means for a person:


The right to social assistance: Group 1 disabled persons can claim various types of social benefits and assistance, depending on their needs and health status.


Eligibility for tax credits: Certain tax credits and credits are available.


Special living and care needs: Ability to receive housing assistance in accordance with mobility and accessibility needs.


Right to special employment conditions: If a person is willing and able to work, the employer must provide appropriate working conditions.

 

Group 1 disability requires constant attention and support from society, family and state institutions to ensure a dignified and comfortable life for persons with this status.

 

   How to obtain guardianship over a disabled person of group 1 in Ukraine. Registration of guardianship over a group 1 disabled person in Ukraine requires several steps and interaction with the guardianship and guardianship authorities. Here are the main steps you need to go through:


1. Definition of incapacity
First of all, it is necessary to establish that a disabled person of the 1st group cannot independently exercise his civil rights and duties due to his health condition. This requires a medical report and a court decision to recognize a person as incompetent.


2. Appeal to the guardianship authority
It is necessary to contact the local guardianship and care authority at the place of residence of the disabled person. You need to submit an application to become a guardian, as well as provide documents confirming your suitability and ability to perform the duties of a guardian.


3. Preparation of documents
The following documents required for registration of guardianship over a disabled person of group 1 must be added to the application:
Copy of passport and identification code;
A document confirming family relations (if any);
Medical opinion on the state of health of the disabled person;
Conclusion on recognizing a person as incompetent (court decision);
Documents that testify to your financial and housing conditions;
Certificate of no criminal record.


4. Checking living conditions
Representatives of the guardianship authority will check the living conditions of the disabled person and evaluate your conditions for fulfilling the duties of a guardian.


5.Decision of the body of guardianship and guardianship
Based on the collected documents and checks, the guardianship authority makes a decision to appoint you as a guardian or refuse to appoint you.


6. Registration of guardian status
After a positive decision, you will be issued an appropriate certificate or document confirming your rights and obligations as a guardian.

 

     Establishing guardianship can be a complex process, and having qualified legal assistance can greatly simplify and speed up the procedure. You may need the services of a lawyer to properly prepare all the necessary documents and represent your interests in court and before government authorities.

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