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Borysuk Natalia Mykolayvna
Lawyer
Ukraine / Volyn region
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Reading time: 6 minutes
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Publication date: 25.04.2024
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Publication date: 25.04.2024
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.
Often people are interested how to obtain guardianship over a mother in Ukraine ? Registration of guardianship over relatives, in particular over the mother, is an official procedure for appointing a guardian over an incapacitated person. Guardianship over the mother allows a person to exercise rights and obligations on her behalf and in her interests, because the mother cannot independently exercise her rights due to persistent violations of cognitive (so-called mental) functions.
How to obtain guardianship over a mother in Ukraine ? First of all, it is worth noting that in this case guardianship can be appointed only if the court establishes the incapacity of the mother. Let's take a step-by-step look at the algorithm of actions, because the following steps should be followed here:
1. Addressing the court. The first step is to apply to the local court for the appointment of a guardian over the mother. To do this, you need to submit a written application in which to indicate personal data, family ties, reasons for appointing a guardian and what the mother's incapacity consists of: illness, persistent disorder, disability, etc.
2. Medical examination. Is it possible to obtain guardianship over a mother ? During the hearing of the case, the court may order a medical examination of the mother to establish her incapacity. Doctors, psychologists, and other specialists may be involved in such an examination.
3. Appointing a guardian in court or applying to a guardianship authority. Then there are two options for the development of the case:
4. a) with this decision, you apply to the local department of the body of guardianship and guardianship, submit a package of documents and they independently make a decision to appoint you as a guardian;
5. b) after the court has considered the submitted petition and investigated all the circumstances of the case, the court makes a decision on the appointment of a guardian for the mother. The guardian may be appointed for a certain period or indefinitely, depending on the circumstances.
6. In what cases can you be refused such a process as obtaining guardianship over the mother? He is not 18 years old, guardianship was previously established and it was terminated due to his own fault, the interests of the future guardian conflict with the interests of the mother.
7. Care of the ward mother. The guardian is obliged to act in the interests of the ward mother, in particular, to keep her property, provide care for her and provide for her needs. The guardian also represents the interests of the incapacitated mother before third parties.
8. Reporting. Guardians must regularly, once a year, no later than February 1, submit a report to the guardianship and guardianship authorities on their activities for the past year. This report will reveal how the rights and interests of the ward's mother were protected, in particular in terms of preserving her property and housing. However, guardianship and guardianship authorities may require the guardians to submit a report within a different deadline, which they set themselves. After the end of care for the mother, you must also submit a general report on your activities.
