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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 mechanism for protecting the rights and interests of persons who, for various reasons, need additional care and support. Guardianship has its own peculiarities, including both rights and obligations imposed on guardians. In this article, we will look at the main aspects of the rights and obligations of guardians, as well as their responsibility for actions and decisions in the interests of the wards.
Rights of guardians
The right to representation and participation in the ward's affairs: A guardian has the right to appear before judicial, administrative and other bodies as a representative of the ward. He or she may also enter into agreements and perform other actions in the ward's interests, provided that it meets the ward's needs and interests.
The right to receive information about the ward's condition and requires: The guardian has the right to receive relevant information from medical, educational and other institutions providing services to the ward, as well as from other persons having relations with the ward.
The right to enter into transactions and manage the ward's property: The guardian has the right to enter into agreements in the interests of the ward and to use the ward's property in accordance with the ward's needs and interests.
Responsibilities of guardians
Ensuring the rights and interests of the ward: The guardian is obliged to act exclusively in the interests and for the benefit of the ward, taking into account his or her needs, views, and capabilities.
Compliance with established procedures and rules: The guardian must comply with the requirements of the law and regulations relating to guardianship, as well as comply with any requirements and decisions of the court or other competent authorities.
Preservation and use of the ward's property: The guardian is obliged to carefully monitor the ward's property, preserve it as a whole and use it only for its intended purpose.
Responsibility of guardians
The guardian is responsible for his or her actions and decisions that lead to harm or violation of the rights and interests of the ward. In case of violation of the law or ineffective performance of their duties, the guardian may be deprived of the right to guardianship, as well as bear civil and criminal liability for their actions.
The role of a lawyer in guardianship
A lawyer, as a legal expert, protects the rights and interests of both guardians and wards. They provide legal advice, assist in drafting the necessary documents, and represent their clients in court and administrative proceedings, In addition, clarifies the following issues: how to obtain guardianship over an incapacitated person, what documents are needed for guardianship of an incapacitated person, how to arrange guardianship over an incapacitated pensioner, what gives guardianship over an incapacitated person, how to obtain guardianship of an incapacitated person. An attorney can also help resolve disputes and conflicts that may arise in connection with guardianship through negotiations or alternative dispute resolution methods.
Guardianship and trusteeship are important aspects of legal regulation in Ukraine, which aim to protect the interests of and ensure care for persons in need of special protection and support. Ensuring the responsible exercise of the rights and obligations of guardians is an important prerequisite for ensuring the right to a decent life and protecting vulnerable groups of people.
In general, guardianship is an important tool for protecting the rights and interests of persons in a vulnerable situation. A guardian must perform his or her duties responsibly and in compliance with the established procedures, and a lawyer can provide the necessary legal support and protection of the interests of the parties in guardianship cases.
