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Publication date: 04.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Arranging care for an elderly person in Ukraine is a complex process that requires certain documents and professional legal assistance. To ensure the rights and interests of an elderly person and his or her caregivers, it is necessary to take into account the basic requirements and involve a lawyer at all stages of the procedure.
The main documents
Application for the appointment of guardians: This application is submitted to the local social welfare authority and contains information about the elderly person and their needs, as well as information about the guardians.
Medical report: A medical examination is carried out by a doctor and confirms the health status of the elderly person. This document is mandatory for the appointment of guardians.
Court decision: The court makes a decision on the appointment of a guardian based on the evidence presented and the circumstances of the case. This is the document that legalises the status of the guardians.
Agreement between the guardians and the social welfare agency: The agreement defines the rights and obligations of the parties in the process of caring for an elderly person.
The role of a lawyer
The role of a lawyer in the process of arranging care for an elderly person is extremely important. He or she ensures the protection of the rights and interests of the guardians and the person under guardianship at all stages of the procedure. Here are the functions they perform:
Legal advice: The lawyer provides legal advice to guardians and relatives on their rights and obligations in the care process.
Representation in court: He or she represents the interests of the guardians in court proceedings concerning the appointment of care for an elderly person, protecting their rights and interests before the court.
Preparation of documents: The lawyer assists guardians in preparing the necessary documents for the court process and concluding agreements.
Representation of interests in the authorities: He or she can take over communication with local authorities and ensure that issues related to the care of the elderly person are resolved.
Legal analysis of documents: The lawyer analyses all documents related to the procedure for arranging care for an elderly person to ensure that they comply with the requirements of the law.
Participation in negotiations: The lawyer can participate in negotiations between the guardians and local authorities to ensure the settlement of disputes and reach a consensus.
Representation in out-of-court procedures: In the event of conflicts or disputes, a lawyer can represent the interests of guardians in out-of-court procedures, such as negotiations, conferences, arbitration awards, etc.
Protection of the rights of the disabled: A lawyer takes care of the protection of the rights of the disabled and the observance of their interests, especially in cases where an elderly person has limited mobility or other disabilities.
Preparation of appeals: In the event of an unsatisfactory court decision, a lawyer can prepare an appeal and represent the interests of the guardians in the court appeal process.
Providing legal advice and support: An important function of the lawyer is to provide legal advice and support to the guardians at all stages of the procedure to ensure their success and compliance with the law.
The involvement of a lawyer in the process of arranging care for an elderly person in Ukraine is a key element in ensuring that the rights and interests of all stakeholders are protected and that the legal requirements are met, in addition, he will advise on the following issues: guardianship of a pensioner, how to issue guardianship over a pensioner in Ukraine, how to issue guardianship over a disabled pensioner, guardianship of a Ukrainian pensioner, registration of guardianship over a pensioner after 80 years, and other.
Arranging care for an elderly person is a complex process that requires various documents and professional legal assistance. The role of a lawyer in this process is to protect the rights and interests of the caregivers and the elderly person, ensure compliance with the law, and effectively resolve all legal issues.
