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Publication date: 12.04.2024
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Guardianship of parents: Legal Aspect
Parental custody is an important and complex matter that requires careful legal regulation. In this regard, the procedure for registration of parental guardianship in Ukraine requires a proper understanding of legislation and legal aspects.
Guardianship over parents: Legislative Base
Guardianship over parents is regulated by the Civil Code of Ukraine and other legislative acts that determine the rights and duties of guardians. According to the Civil Code, guardianship can be appointed if the parents are declared incompetent or have limited legal capacity.
How to issue guardianship over parents in Ukraine
The procedure for registering guardianship over parents in Ukraine involves submitting a corresponding application to the court, which makes a decision on the appointment of guardianship. In the application, it is necessary to indicate the reasons justifying the need for the appointment of a guardian, as well as to propose the candidacy of a guardian. The appointment of guardianship over parents takes into account the interests of the guardianship itself and ensuring the best conditions for caring for parents.
Parental custody: Legal regulation
Ukrainian legislation, in particular part 1 of Article 58 of the Civil Code of Ukraine, determines that guardianship can be established over various categories of persons, including:
Minors (up to 14 years old) who are orphans or deprived of parental care.
Natural persons recognized as incapable.
The guardianship registration procedure and the right to submit an application to the court
The right to register guardianship and appeal to the court is available to:
Relatives living in the same area as an elderly person.
Parents, children, brothers and sisters of a person who needs care, regardless of their place of registration.
Territorial guardianship and guardianship bodies.
Psychiatric medical institutions.
Also, guardianship of an incapacitated elderly person can be arranged at the initiative of other persons. To do this, it is necessary to send a request to the local guardianship authority, which will collect evidence and submit the application to the court. The role of guardian can be performed by adult citizens with full legal capacity.
Place of guardianship
Guardianship is established at the place of residence of the person who needs guardianship, or at the place of residence of the guardian (according to Part 1 of Article 62 of the Civil Code of Ukraine).
Persons who cannot register guardianship
Persons who.How to obtain guardianship of parents in Ukraine :
Have serious diseases (tuberculosis stage 1-2, mental and behavioral disorders, malignant neoplasms stage 3-4, infections).
They have injuries that led to disability of the 1st group.
Deprived of parental rights as a result of voluntary refusal or court decision.
Have alcohol or drug addiction.
Have an outstanding criminal record under any article of the Criminal Code of Ukraine.
Have a criminal record for articles directed against the life, freedom and health of citizens.
These requirements are intended to provide optimal conditions for the protection and care of people in need of care and to prevent possible risks and abuses.
How to obtain guardianship of parents: Responsibilities and Duties
Guardianship of a parents in Ukraine includes a number of responsibilities and duties, including:
Caring for the physical and mental health of parents.
Provision of necessary housing, food and medical care for parents.
Carrying out all necessary legal and medical procedures in the interests of parents.
Representation of parents' interests in court and before other institutions.
Final Conclusions
Guardianship over parents is a serious and responsible task that requires compliance with relevant legal norms and procedures. Ensuring the rights and interests of parents through guardianship in Ukraine plays a key role in creating a safe and secure environment for them.
