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Publication date: 20.05.2024
Who can represent interests in cases with guardianship and guardianship authorities?
Guardianship and guardianship authorities play an important role in protecting the rights and interests of minor children, disabled or persons with limited legal capacity. In various situations, it may be necessary to represent the interests of the specified categories of citizens before guardianship and guardianship authorities. In this article, we will consider who exactly can act as a representative in cases with these bodies.
Parents as legal representatives of the child
According to the current legislation, parents are the legal representatives of their minor children and have the right to represent their interests in relations with guardianship and guardianship authorities. This right is preserved even in case of divorce or separation of parents, unless otherwise determined by a court decision.
Guardians and trustees
Persons who are appointed guardians or custodians of incapacitated or persons with limited legal capacity also have the right to represent the interests of their wards in cases with guardianship and guardianship authorities. This right derives from their duties to protect the rights and legitimate interests of their wards.
Representatives by proxy
In some cases, representation of interests can be carried out on the basis of a notarized power of attorney. For example, parents can issue a power of attorney for the representation of their child in guardianship bodies to another adult with legal capacity. Such a power of attorney gives the representative the right to perform certain legally significant actions on behalf of the child.
Lawyers
According to the Law of Ukraine "On Advocacy and Advocacy", lawyers have the right to represent the interests of individuals and legal entities in various state bodies, including guardianship and guardianship bodies. The involvement of a lawyer can be especially important in complex cases or in cases where it is necessary to protect violated rights.
Representatives of legal entities
If the matter concerns issues related to children's institutions or institutions operating in the field of protection of the rights of children and disabled persons, their interests may be represented by authorized persons of these legal entities. Such representatives act within their powers and on the basis of the founding documents.
Representatives of state authorities
In some cases provided for by law, the interests of a child or an incapacitated person may be represented by representatives of state authorities in guardianship and guardianship bodies. For example, the prosecutor has the right to represent the interests of children and disabled persons in court and in other trusteeship bodies.
It is important to remember that representation in guardianship bodies requires compliance with certain formalities and the presence of appropriate powers. Therefore, if there is a need for representation, it is recommended to seek qualified legal advice.
Guardianship and trusteeship bodies play an important role in protecting the rights and interests of vulnerable categories of citizens. Proper representation in these bodies allows for proper protection and realization of their legal rights and interests. Remember that in different situations different people can act as representatives: parents, guardians, custodians, lawyers, representatives of legal entities or state bodies. The main thing is to strictly comply with the requirements of the law and act in the best interests of the child or disabled person.
