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Guardianship of a person with a disability: care and responsibility

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Consultant # 1284
Consultant # 1284
Lawyer
Ukraine / Kyiv

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Publication date: 28.05.2024

Guardianship of a person with a disability: care and responsibility

 

In our society, people with disabilities, unfortunately, often face challenges and barriers that make it difficult for them to live a full life. In some cases, when they cannot take care of themselves, there is a need for guardianship. Guardianship of a person with a disability is not just a legal procedure, but a manifestation of care and responsibility towards the most vulnerable members of society.

 

 Where to apply for guardianship of a disabled person ?

The process of registration of guardianship over a person with a disability in Ukraine is regulated by legislation and takes place through guardianship and guardianship bodies. The first step is to apply to the relevant body at the place of residence of a person with a disability with a written application and the necessary package of documents.

 

 How to take care of a disabled person ?

In order to issue guardianship over a disabled person, you need:

1. Collect the necessary documents: an application, medical documents of a person with a disability, certificates of income and property status of a potential guardian, documents confirming family ties (if any).

2. Submit an application and documents to the guardianship authority.

3. To undergo an examination of the living conditions and financial condition of the potential guardian.

4. Obtain a decision of the body of guardianship and guardianship on the appointment of a guardian.

 

How to apply for guardianship over a disabled parent or how to take custody of a disabled person who is not a relative, the procedure is similar, but in this case, additional documents must be submitted confirming the reasons for the need for guardianship.

 

Guardianship of a disabled person in Ukraine: rights and responsibilities

After registration of guardianship over a person with a disability, the guardian receives certain rights and responsibilities. Basic rights include:

- Represent the interests of the ward in various institutions and organizations.
- Manage the ward's property and funds in his interests.
- Solve issues related to the treatment and rehabilitation of the ward.

At the same time, the guardian must perform the following duties:

- Provide decent living conditions, food and care for the ward.
- To protect the rights and legitimate interests of the ward.
- Regularly report to guardianship authorities on the state of affairs of the ward.

It is important to remember that guardianship is not just a formality, but a responsibility before a person with a disability and society in general.

 

Registration of guardianship: nuances and remuneration

In the process of registration of guardianship of a disabled person, there are several important nuances that should be paid attention to. First, what documents are required for guardianship of a disabled person may differ slightly depending on the specific situation. Secondly, there are different types of guardianship: permanent and temporary guardianship over a disabled person.

 

As for the remuneration for guardianship, in Ukraine there is a monthly fee for maintenance of a person with a disability. In particular, how much is paid for the guardianship of a disabled child depends on the disability group and other factors, but this amount should not be less than the subsistence minimum established by law.

The importance of guardianship of people with disabilities

Guardianship of a person with a disability is not only a legal procedure, but also a humanitarian duty of society to its most vulnerable members. Thanks to guardianship, people with disabilities who cannot take care of themselves receive the necessary care, support and protection of their rights.

 

In addition, guardianship contributes to the integration of people with disabilities into society and overcoming the barriers they face. It helps them to lead a dignified and fulfilling life, despite the limitations, and to realize their potential.

Therefore, guardianship of a person with a disability is not only a legal institution, but also a manifestation of humanism, mercy and respect for human dignity. It requires the caregiver to be responsible and willing to take care of the most vulnerable members of society, but at the same time it gives the opportunity to make other people's lives better and more fulfilling. 

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