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Publication date: 22.04.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
How to take guardianship of a person with a disability and why is guardianship established in general?
According to Article 55 of the Civil Code of Ukraine, guardianship is established over: minors, minors or adults (if they are unable to manage their actions due to certain circumstances due to their health).
In what cases is it necessary to establish guardianship over a person with a disability?
If minors are deprived of parental rights or are orphans, this is grounds for arrange guardianship of a disabled person. If a minor or an adult person has been found legally incompetent, this is also a reason for establishing guardianship over her. In simple words, register guardianship of a disabled person is the normalization of relations in the legal field between a disabled person and a person who is being cared for.
Citizens often confuse the concepts of registration of care and establishment of guardianship over a disabled person. The difference lies primarily in the design process. How to take care of a disabled person? The fact of establishing guardianship is a complex process and involves a court proceeding to establish the incapacity of the disabled person and the process of establishing guardianship at the local guardianship authority or court. At the same time, the fact of care is proven by the doctor's conclusion about the need for third-party care and the decision of the social security authority, which is a significantly easier process in terms of time and effort. However, if the person is incapacitated due to mental disorders, then it is still necessary to go through the procedure of guardianship of a disabled person.
How to obtain guardianship of a disabled person in Ukraine, how to get guardianship over a disabled person. Where to arrange guardianship of a disabled person ?
First of all, a court decision on the incapacity of a disabled person is required. If you do not have it, then the process of obtaining guardianship for a disabled person should start with this. Further, to know how to obtain guardianship of a disabled person, contact the local body of guardianship and care.
What documents are needed for guardianship over a disabled person ?
• It is necessary to submit an application for guardianship, written by a person with a disability.
• At the same time as submitting the application, attach two medical reports: one about the health of the person needing care and one about the health of the potential guardian.
• It is also necessary to attach documents confirming the place of residence of both the person himself and the potential guardian.
What documents are needed for registration of guardianship over a disabled person more?
• In addition, it is worth having a statement of readiness to take responsibility by the guardian himself.
• It is also necessary to submit documents certifying the identity of the guardian and the person in need of care, as well as a certificate on the financial situation and composition of the guardian's family.
Who can apply for guardianship?
A person who has full legal capacity can become temporary guardianship over a disabled person, if he has the ability to provide the ward with housing, food, clothing and necessary items.
Preference when guardianship in Ukraine over a disabled person is given to relatives of the ward and persons living with him. Therefore, the process of how to get guardianship over a disabled father is the same as over other relatives.
What is temporary guardianship of a disabled person?
During the full-scale invasion, Ukraine introduced a simplified procedure for children who were left without parental care due to the fact that the whereabouts of their parents or legal representatives are currently unknown. This form of guardianship is known as "temporary placement" and accordingly contains a smaller list of necessary documents for its registration.
How much do they pay for guardianship of a disabled person and how much they pay for guardianship over a disabled child ?
According to the Law of Ukraine "On State Assistance to Families with Children", for children with disabilities who are also under guardianship or care, the allowance is 3.5 times the subsistence minimum for children of the corresponding age.
