GUARDIANSHIP OVER PARENTS AS A GROUND FOR DEFERRAL ✅ FAMILY ✅ SERVICES

Determines marital status, presence of parents, their age, and health condition.
Analyzes whether the client falls into the category of persons entitled to a deferral (considering the provisions of the Law of Ukraine “On Mobilization Preparation and Mobilization”).
Explains which documents must be prepared, depending on whether it concerns guardianship or permanent care.
Provides a preliminary assessment of the chances of obtaining a deferral.

Assists the client in obtaining medical certificates (MSEC, LCC).
Advises on how to correctly formulate an application to the medical institution so that the conclusion clearly states the “need for permanent care.”
Helps obtain a certificate of family composition, social service acts, and a certificate confirming the absence of other persons able to care for the parents.
Prepares an act confirming the fact of care (Form No. 560).

Prepares the complete set of documents for submission to the Territorial Recruitment Center (TRC).
Drafts an application for a deferral from mobilization.
If necessary — prepares a lawsuit to establish guardianship over the parents (if the parents are declared legally incapacitated or partially incapacitated).
Checks the accuracy of all forms and attachments to avoid rejections due to formal errors.

Guardianship over parents: a legal ground for deferral from mobilization

Under martial law, every citizen of Ukraine faces the need to understand their rights and options, particularly regarding deferral from mobilization. One of the grounds for such deferral is guardianship over parents who require constant care. However, in order to exercise this right, certain legal requirements must be met.

How to obtain deferral through guardianship over parents: step-by-step procedure

Confirmation of the need for constant care: to obtain a deferral, it is necessary to provide official confirmation that one of the parents requires constant care. This may include: a conclusion of the Medical and Social Expert Commission (MSEC) confirming disability of Group I or II with an indication of the need for constant care (old form) or a decision of the expert team assessing the person’s daily functioning, or a conclusion of the Medical Advisory Commission (LCC) in forms №080/4-0 or №080/2-0 confirming the need for constant care.
Documents confirming the fact of care: it is necessary to provide documents confirming the actual provision of constant care: an act of establishing the fact of care according to the form approved by the Resolution of the Cabinet of Ministers of Ukraine №560, or documents confirming the receipt of monetary compensation for care, if such payment is made.
Absence of other persons obliged to provide care: according to new legal regulations, to obtain a deferral, it must be proven that there are no other persons who can provide care for the parents. This may be confirmed by a certificate of family composition confirming the absence of other persons who can provide care, and by an explanation from the liable person confirming that no other persons are able to provide the necessary care.

Question

What is the difference between guardianship and constant care?

Answer

It is important to understand the difference between guardianship and constant care. Guardianship is established by the court over persons who are recognized as legally incapable or partially capable due to mental disorders or other circumstances. For this, it is necessary to file an application with the court and obtain the relevant decision. Constant care is provided to persons who need ongoing assistance due to physical or mental impairments but are not legally incapable. For this, it is necessary to provide medical documents confirming such a need.

Typical mistakes when applying for deferral through guardianship over parents

Most refusals to grant deferral occur due to simple inaccuracies. Here are the most common ones:

Absence of official confirmation of the need for constant care: without a conclusion from MSEC or LCC, the documents are not considered even at the formal level.

Errors in filling out acts and applications: even a minor inaccuracy in Form №560 or in the certificate of family composition can lead to refusal.

Submission of an incomplete set of documents: people often forget to add a certificate confirming the absence of other persons obliged to provide care.

Confusion between “guardianship” and “constant care”: these are different legal grounds, and if parents are not declared legally incapable, court-appointed guardianship is not always required.

Untimely submission of documents to the military enlistment office: deferral is not granted “retroactively”; it is important to submit the application immediately after receiving the certificates.

How the Legal Marketplace “Consultant” can help

The legal marketplace “Consultant” offers professional assistance in obtaining deferral from mobilization based on guardianship over parents. Our services include:

Consultations regarding the preparation of necessary documents.
Drafting and submitting applications to the relevant authorities.
Representation of interests in court in case guardianship needs to be established.

By contacting us, you receive qualified assistance at every stage of the process, allowing you to focus on important matters rather than bureaucratic procedures.

Conclusion

Obtaining deferral through guardianship over parents is not just filling out a few forms. It is a legally complex procedure requiring accuracy, a correct sequence of actions, and a deep understanding of the law. The legal marketplace “Consultant” provides full client support — from the first consultation to obtaining the official decision on deferral. We help not just to prepare documents but to protect your right to be with those who need you the most — your parents.