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Publication date: 25.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Guardianship in Ukraine is an important tool for protecting the rights and interests of persons who, for various reasons, cannot exercise their rights and obligations independently. It is granted in accordance with the law and provides appropriate support and assistance to persons under guardianship.
1. Full guardianship
Full guardianship is granted to persons who have completely lost the capacity to exercise civil rights and obligations, for example, due to minority or limited capacity. The guardian assumes all rights and obligations related to the management of the ward's property and personal affairs. He or she is obliged to ensure proper care and custody of the person under his or her care.
The role of the advocate in this case is to protect the rights and interests of the ward, as well as to provide legal advice to the guardian on his or her duties and responsibilities.
2. Partial guardianship
Partial guardianship is applied when a person can perform some actions independently, but needs support for others. For example, this may be the case when a person has a limited capacity to act but is able to manage their property independently.
A lawyer can provide advice on the rights and obligations of guardians, as well as assist in drafting documents and resolving conflicts arising in connection with the performance of guardianship duties.
3. Temporary guardianship
Temporary guardianship is applied in cases where a person temporarily loses the ability to act independently, for example, in the case of temporary incapacity due to a serious illness or injury. Such guardianship is granted for the period until the person is able to exercise their rights and obligations independently.
The role of a lawyer is to ensure that the rights of the ward are adequately protected during the temporary guardianship and to provide legal support to the guardian in resolving related issues.
In some cases, when a person is unable to make decisions on their own due to certain circumstances, another form of guardianship may be appointed, such as a provisional guardianship or a care guardianship. Advance guardianship is used in cases where a person is unable to make decisions about their care in the event of an unforeseen situation, such as a serious illness or accident. A nursing guardianship can be granted in cases where a person needs constant care due to their health or other circumstances.
The role of a lawyer
The lawyer plays an important role in the guardianship process, providing legal protection and support to the ward and his/her guardians. He or she represents the ward's interests in all judicial, administrative and other legal procedures related to guardianship. The lawyer also advises the guardians on their rights and obligations, as well as assists in drafting documents and resolving conflicts that may arise in connection with guardianship. In addition, the lawyer will help with other matters such as: how to obtain guardianship over an incapacitated person, pros and cons of guardianship over an incapacitated person, what documents are needed for guardianship of an incapacitated person,how to obtain guardianship over an incapacitated elderly person and other.
Guardianship in Ukraine aims to provide appropriate protection and support to persons who are unable to exercise their rights and obligations independently. The role of a lawyer is to ensure the protection of the rights of the ward and to provide the necessary legal support to the guardians in the performance of their duties.
