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 institution designed to protect the rights and interests of persons who, for various reasons, are unable to manage their rights and property independently. However, the appointment of a guardianship often raises various controversial issues that require a competent and objective resolution. Let us consider some of them:
1. Appointment of guardianship
One of the most controversial issues in guardianship cases is the appointment of guardianship. This may be the subject of disputes between various stakeholders, who may be relatives, estate administrators or representatives of the state. The court has to consider all the circumstances of the case and determine who is able to provide proper care to the person in need of protection. Resolving this issue typically requires a thorough analysis of the evidence and the participation of a lawyer who will ensure the interests of the ward.
2. Removal of guardianship
Sometimes a situation may arise when a guardian is unable to perform his or her duties properly or violates the rights of the ward. In such cases, the court may decide to remove the guardianship and appoint a new guardian. This may give rise to conflicts and litigation that will require a thorough examination of the facts and legal framework.
3. Change of guardianship
Situations where a change of guardian is required can also be controversial and ambiguous. This may be due to a change in circumstances, a loss of trust in the current guardian, or a conflict of interest. Resolving this issue also requires careful analysis of the situation and compliance with the law.
4. Disputes over property management
One of the main tasks of a guardianship is to manage the ward's property. Disputes and disputes over the management of property may arise for a variety of reasons, including misunderstandings between the guardian and the ward, conflicts of interest, negligence in the performance of duties, or suspected abuse of power. Resolving such disputes requires careful analysis of financial documents, expert advice and the active involvement of a lawyer.
5. Changing the guardianship regime
Depending on changes in the circumstances and needs of the ward, the guardianship regime may also change. This may include a transition from temporary to full guardianship, or, conversely, a change in the conditions of guardianship in accordance with the new needs and capabilities of the ward. The regulation of such issues may also be subject to disputes and require competent legal defence.
The role of the lawyer
In all of these contentious matters, the role of a lawyer is extremely important. He or she provides legal protection and support to the client and his or her interests in the legal process, ensuring adequate representation and protection of rights in accordance with the law. A lawyer helps to understand the complex legal aspects of a case, prepares the necessary documents, represents interests in court and assists in resolving conflicts, in addition, clarifies the following issues: 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. They are a reliable partner in ensuring justice and protecting rights in custody cases in Ukraine.
In conclusion, custody cases are complex and demanding, and disputes may arise due to various circumstances. Careful examination of evidence, adherence to procedures and legal representation are essential for a fair resolution of conflicts. The role of a guardianship lawyer is extremely important, as they provide professional protection and support for wards and their interests in the legal process. The individual approach, competence, and experience of a lawyer help to ensure fairness and protection of rights in guardianship cases in Ukraine.
