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Publication date: 24.04.2024
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.
In light of current events, the question of how to issue guardianship of a grandmother is relevant in Ukraine. What is guardianship and guardianship of a grandmother? Guardianship over a grandmother is a tripartite legal process of establishing mutual relations between an incapacitated grandmother, a person who performs certain duties regarding the life of this person, and the state. In our opinion, the key thing in the question of how to arrange guardianship over a grandmother is that it is a relationship between an incapacitated person, which actually distinguishes the process of establishing guardianship from establishing custody or care.
What is needed to obtain guardianship of a grandmother ?
After receiving the status of a guardian, you will have to perform certain duties and provide the grandmother with the necessary care, medical care and other needs. What rights and obligations does the guardian receive as a result of obtaining the official status of such a person over the grandmother?
• Create the necessary conditions for living, providing the necessary care and medical assistance.
• Demand the return of grandmothers from those who keep them without reason. This ensures the protection of the rights and interests of the grandmother.
• Take legal actions on behalf and in the interests of the grandmother. This means that he represents interests in legal matters and agreements.
• Protect the civil rights and interests of the grandmother - respond to various situations to protect the grandmother in all spheres of life.
How to obtain guardianship of a grandmother in Ukraine ?
It is possible to legitimize the fact of guardianship over a grandmother, provided that she is incapacitated - a person with a disability of the I or II group, an elderly person with cognitive impairment over 80 years old, terminally ill, unable to move independently or meet their needs. Such a fact must be established in court. The initiator of the procedure for recognizing a person as incapacitated can be close relatives or a local body of guardianship and care. As a result of the court hearing, you receive a court decision, which will later need to be added to the rest of the documents during the establishment of guardianship.
The next instance in the matter of how to take care of the grandmother is the local body of guardianship and care. Here you need to submit the documents provided for in clause 3.3. Order No. 387/3680 of May 26, 1999. Namely:
• A court decision declaring a person incapable
• An act of surveying the living conditions of a person in need of care and a description of his property.
• Health certificate of the person in need of care and the future guardian.
• Certificate of the place of residence of the future guardian and his statement on assuming the duties of guardianship.
• An act of checking the living conditions of the future guardian and the conclusion of guardianship and guardianship authorities on the possibility of fulfilling guardianship duties.
What does it take to register a guardian for a grandmother in the face of a full-scale invasion? The process of establishing guardianship has not undergone changes due to the war, so the whole procedure is the same as before February 24, 2024.
Thus, if you need to establish the incapacity of the grandmother and in the subsequent registration of guardianship, you already have a clear algorithm of actions. However, if you have difficulties at any stage, we are ready to consult and provide both advice on a specific single issue and a comprehensive service of assistance in the registration of turnkey guardianship. So, taking into account all the nuances, the process of formalization of guardianship of a grandmother in Ukraine can be quite clear and not too complicated.
