Publication date: 23.05.2024
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How to arrange guardianship over a mentally ill person?
Guardianship of a mentally ill person in Ukraine is an important legal procedure regulated by civil and family legislation. Guardianship is established to protect the rights and interests of persons who cannot make their own decisions due to mental illness. Below are the main aspects of establishing guardianship over a mentally ill person in Ukraine:
Grounds for establishing guardianship
Mental illness. In order to establish guardianship, it is necessary to have a medical opinion that the person suffers from a mental illness that deprives him of the ability to make independent decisions and take care of himself.
The procedure for establishing guardianship
1. Submission of an application to the court. An application for the establishment of guardianship is submitted to the district (city) court at the place of residence of the person who needs guardianship.
2. Medical examination. The court may order a medical examination to confirm a person's mental state.
3. Court decision. On the basis of a medical report and other evidence, the court makes a decision to declare a person incapable and establish guardianship. The decision specifies the rights and obligations of the guardian.
Choosing a guardian
1. Candidacy of guardian. The guardian can be a relative, a close person or another person who agrees to take on the responsibilities of the guardian. The guardian's candidacy must be approved by the guardianship authority.
2. Guardian's consent. The person appointed as a guardian must give written consent to perform the duties of a guardian.
Rights and obligations of the guardian
1.Providing care and support. The guardian is obliged to provide adequate care for the ward, including medical care, social protection and other needs.
2. Protection of the rights and interests of the ward. The guardian represents the interests of the ward in all legal and administrative matters.
3. Reporting. The guardian is obliged to periodically report to the guardianship and guardianship authorities on the condition of the ward and the use of his property.
Control over the activities of the guardian
Guardianship and guardianship bodies monitor the activities of guardians, conduct inspections of the ward's living conditions and compliance with his rights.
Termination of guardianship
1. Improvement of the ward's condition. If the ward's mental condition improves and he is able to make his own decisions, the court may terminate the guardianship.
2. Change of guardian. If the guardian does not fulfill his duties or at his own will, the guardian can be changed.
Important aspects
Establishing a guardianship is a serious legal decision that requires compliance with all legal procedures and protection of the ward's rights.
If you are faced with the need to establish guardianship over a mentally ill person, it is recommended that you seek advice from legal advisors who specialize in family law and guardianship issues. This process is important to ensure proper care and protection of the rights of persons with mental illness, so it is important to approach it with all seriousness and responsibility.
