Publication date: 28.05.2024
Guardianship of a mentally ill person
In Ukraine, there is a legislative framework that regulates the guardianship of mentally ill persons. This procedure is intended to protect the rights and interests of people who, due to mental disorders, cannot independently exercise their rights and responsibilities.
What does guardianship over a mentally ill person in Ukraine provide? First of all, guardianship allows you to appoint a person who will represent the interests of an incapacitated person in various areas of life. The guardian has the right to conclude transactions on behalf of the ward, dispose of his property, and ensure proper care and custody. In addition, guardianship over a mentally ill person provides him with additional protection from possible harmful influence or abuse by others.
The procedure for registration of guardianship over a mentally ill person includes several stages. First, it is necessary to apply to the court with an application to declare a person incapable. The court examines the case with the participation of representatives of guardianship and guardianship authorities, a psychiatric institution and other interested persons. After a careful study of medical documents and hearing witnesses, the court makes a decision to recognize the person as incompetent.
The next step is to appoint a guardian. Usually, close relatives of the disabled person (parents, children, brothers/sisters, etc.) are appointed guardians. If there are no such relatives or they cannot fulfill the duties of a guardian, a guardian is appointed by the guardianship and guardianship authorities.
How to arrange guardianship over a mentally ill person? After a court decision declaring a person incapacitated, the future guardian must contact the guardianship and guardianship authorities at the ward's place of residence and submit the necessary documents. This includes, in particular, an application for the appointment of a guardian, documents confirming family ties with the ward, a certificate of no criminal record, etc.
After reviewing the documents and checking the living conditions, guardianship authorities issue an order on the appointment of a guardian. The guardian must undergo special training and pass an exam on the knowledge of the rights and duties of the guardian.
What does guardianship over a mentally ill person in Ukraine provide? In addition to representing the ward's interests, the guardian receives a number of rights and responsibilities. In particular, he has the right to receive monthly state assistance for the maintenance of a ward, to benefits for the payment of communal services, to receive free medicines and medical care for the ward.
At the same time, the guardian is obliged to provide proper care for the ward, protect his rights and legitimate interests, take measures to restore his health, and also report annually to the guardianship and care authorities on the state of maintenance and education of the ward.
Guardianship over a mentally ill person in Ukraine is an important tool for protecting the rights and interests of persons who, due to mental disorders, cannot independently exercise their rights and responsibilities. This procedure allows for the appointment of a responsible person who will represent the interests of the incapacitated person and provide him with proper care and concern.
