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Publication date: 28.05.2024
Guardianship of the disabled: responsibility and care
In our society, there is a category of people who, due to certain circumstances, are recognized as incapable. These can be elderly people, people with disabilities or mental disorders. They need special attention and care, as they cannot fully take care of themselves. In such cases, there is a need to take care of the incapacitated.
How to arrange guardianship over an incapacitated person ?
The process of registration of guardianship over incapacitated persons in Ukraine is regulated by legislation and involves a number of stages:
1. Appeal to guardianship and guardianship authorities at the place of residence of the disabled person with a corresponding application.
2. Collection of necessary documents (medical certificates, income certificates, property status, etc.).
3. Examination of the living conditions and financial condition of the potential guardian.
4. Obtaining a decision of guardianship and guardianship authorities on the appointment of a guardian.
What documents are required for the guardianship of an incapacitated person depends on the specific situation, but usually it is an application, medical documents of the incapacitated person, certificates of income and property status of the potential guardian, documents confirming family ties (if any).
Pros and cons of guardianship of an incapacitated person
Like any responsibility, guardianship of the incapacitated has its advantages and disadvantages:
Pros:
- Provision of decent care and support for a disabled person.
- An opportunity for close relatives to take care of their family member.
- Payments from the state for guardianship of an incapacitated person (how much is paid depends on the specific situation).
Cons:
- Significant financial, physical and emotional burden on the caregiver.
- Limitation of personal freedom and opportunities for the guardian.
- Risk of conflicts and misunderstandings between guardian and ward.
Guardianship over an incapacitated relative or mother
Quite often, guardianship is established over close relatives, for example, an incapacitated father or mother. This allows them to receive the necessary care from their relatives, but at the same time imposes great obligations on the guardian. If you decide to take care of an incapacitated mother or father, it is important to carefully weigh all the pros and cons.
Temporary guardianship of an incapacitated person
In addition to permanent guardianship, there is also an opportunity to issue temporary guardianship over the disabled. This may be necessary, for example, if the main carer is unable to fulfill his duties for a while due to illness or business trip. A temporary guardianship involves the same requirements and procedures as a permanent guardianship, but is valid for a specified period.
Payments for guardianship of an incapacitated person
One of the important issues that concern potential guardians is the payment of guardianship of incapacitated persons. In Ukraine, the state provides monthly payments for guardians of disabled persons. How much is paid depends on the specific situation, disability group of the ward and other factors. However, such assistance, although it does not cover all the costs of maintaining an incapacitated person, is nevertheless a significant support for the guardian.
Deprivation of guardianship over an incapacitated person
In some cases, when the guardian does not fulfill or improperly fulfills his duties, the question of deprivation of his guardianship may arise. For this purpose, guardianship and guardianship authorities must apply to the court with an appropriate statement and evidence of the guardian's inappropriate behavior.
In summary, guardianship of the incapacitated is an important legal institution and a humanitarian mission at the same time. It requires great responsibility, patience and dedication from the guardian, but at the same time it provides an opportunity to help the most vulnerable members of society and receive state support. The main thing is to carefully weigh all the pros and cons and act in the best interests of the incapacitated person.
