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Guardianship of an elderly person: legal aspects and registration procedure

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Consultant # 1284
Consultant # 1284
Lawyer
Ukraine / Kyiv

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Publication date: 29.05.2024

Guardianship of an elderly person: legal aspects and registration procedure

 

How to arrange guardianship over an elderly person in Ukraine ? This issue is becoming more and more relevant in connection with the aging of the population and the need to provide proper care for elderly people who cannot take care of themselves. Guardianship over an elderly person is an important legal tool that allows you to appoint a responsible person to protect the rights and interests of an elderly person.

 

The procedure for registration of guardianship over an elderly person in Ukraine is regulated by the Civil Code and other normative legal acts. First of all, it is necessary to apply to the body of guardianship and guardianship at the place of residence of the ward with the appropriate application. Copies of documents confirming the family ties between the potential guardian and the ward (if any) are attached to the application, as well as a medical opinion on the state of health and inability of the elderly person to take care of themselves.

 

How to obtain guardianship of an elderly person in Ukraine ? The procedure does not change, but may take a little longer due to additional security checks and possible evacuations. It is important to prepare all necessary documents in advance and be ready for additional requirements.

Who can arrange guardianship over an elderly person ? As a rule, a guardian can be an adult with legal capacity who has the desire and ability to provide proper care for a ward. Preference is given to close relatives (children, grandchildren, brothers/sisters), but in the absence of such, it is possible to appoint a third party.

What does guardianship over an elderly person provide? The guardian acquires the right and obligation to represent the interests of the ward, to take care of him, to decide on the issues of treatment, accommodation, provision of household needs, as well as to dispose of his property and funds in the interests of the ward.

 

Is seniority required for caring for an elderly person ? Yes, the period of guardianship is included in the insurance length of service, which is important for calculating the pension. However, for this it is necessary to pay a single social contribution.

How much is paid for guardianship of an elderly person in Ukraine? The size of the guardian's remuneration is established by the guardianship and guardianship authorities and depends on the specific region. It is usually an amount ranging from 15% to 30% of the living wage for disabled persons.

 

What is required to issue guardianship over an elderly person ? In addition to the application and medical report, it is necessary to provide documents confirming family ties (if any), information about the place of residence, property status, sources of income of the potential guardian, as well as a certificate of no criminal record.

 

Where is guardianship of an elderly person registered ? The issue of guardianship belongs to the competence of guardianship and guardianship bodies operating under local state administrations or executive bodies of city councils.

 

Establishing guardianship over an elderly person is a responsible step that requires careful preparation and compliance with legal regulations. However, such care for the elderly is an important duty of society and the state. Timely registration of guardianship helps ensure a dignified life, protection of the rights and interests of elderly people who cannot take care of themselves due to their health. 

 

 

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