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Publication date: 23.04.2024
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.
Today, there is a steady interest in the topic of establishing guardianship, care, and personal care. How to obtain guardianship of parents in Ukraine ? Now we will take a detailed look at the legal grounds and nuances that are required when registering guardianship over parents.
First of all, it is worth noting that guardianship can be issued only if the person is recognized as incapable. And yes, it must be done in court. If one of your parents needs guardianship due to some chronic or persistent mental disorder, is unable to understand or control his actions, then you need to file a lawsuit in the court of the place of residence. If the potential disabled person is in a medical institution, then according to the location of this institution. Often at our consultations, people ask: "Can I be my father's guardian, is it legal?" According to the provisions of the Civil Procedure Code of Ukraine, an application to declare a person incapable can also be submitted by a member of his family, even if they do not live together. In the statement itself, it is important to describe all the circumstances: why a person is unable to control his actions or emotions and under what circumstances this happened. After that, a special forensic examination is appointed to investigate whether the stated facts are true. It is worth noting that in court when a person is found to be incapacitated, the body of guardianship and guardianship must be present. In what period after receiving the decision is a person recognized as incapacitated? As a rule, from the moment of the rendered decision, but it can be established in the decision itself, although at the same time it should not exceed 2 years.
What to do next with this decision to declare a person incapable?
The next step is to contact the guardianship authority in your area. Here you must collect a certain package of documents, which includes:
1. Application.
2. A court-issued certificate declaring a person incapacitated.
3. A copy of your identity document (passport) for you and your ward (you must bring the originals with you).
4. A certificate of family composition, and since it is one of the parents, it can be one for you and the parents.
5. Your medical report, certificate of no criminal record and proof of income for the last six months.
However, there is a certain nuance that can get in the way. This applies to the person who wants to take care of his parents.
Among the requirements for this person are during guardianship of parents:
• full civil capacity,
• absence of outstanding convictions in accordance with the procedure established by law,
• absence of serious health problems,
• if you have previously been someone's guardian, but refused of your own free will,
• alcoholic or drug addict,
• has personal interests that clearly conflict with the interests of parents.
Sometimes we come across a situation in practice when people cannot distinguish between guardianship and care. In order to correctly distinguish between these two concepts, it is worth remembering that the process of establishing guardianship always takes place over a person who is completely deprived of legal capacity. At that time, guardianship of a parent is established over a person with limited legal capacity.
In this way, it is quite possible to establish guardianship of parent in Ukraine in a relatively short period of time. However, in practice sometimes difficulties arise on legal issues. If they arise, you can contact us. After working with us, our clients are legally aware of how to arrange parental custody.
Guardianship of a parent
