DECLARATION OF INCAPACITY AND APPOINTMENT OF A GUARDIAN ✅ SOCIAL ISSUES ✅ SERVICES

Provides detailed consultation (in person or online).
Analyses documents: medical certificates, certificates, family ties.
Determines the legal grounds for filing a claim.
Explains the entire procedure to the client.

Prepares a statement of claim to the court with all necessary attachments.
Obtains and attaches a medical opinion (psychiatric examination or doctor's note).
Collects and organises evidence.
Files a claim with the district (city) court at the place of residence of the person.

Represents the applicant in court at all stages of the proceedings.
Interacts with medical experts and guardianship authorities, obtains the necessary certificates and conclusions.
Prepares a complete set of documents for the guardian candidate: medical certificates, passport, character reference, certificate of no criminal record.
Obtains and submits the opinion of the guardianship authority on the suitability of the guardian.
Prepares a reasoned position on the appropriateness of appointing a specific guardian.
Appeals the court's decision if it is not in the client's best interests.

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Declaring a person legally incompetent: how the procedure works

The procedure for declaring a person legally incompetent in Ukraine is legally complex and requires well-founded grounds. Usually, relatives, social services or guardians apply to the court if a person is unable to take care of themselves or manage their actions due to mental or physical disorders.

To start the process, you need to file a lawsuit with the court, which includes:

a medical report on the person's mental state;
documents confirming family or other ties with them;
evidence of why the person can't make decisions on their own.

The court considers the case in open or closed session, involves medical experts and issues a decision, which takes effect after the appeal period has expired. If the decision is positive, the person is declared incapacitated and a guardian is appointed.

Recognising a person as legally incompetent and appointing a guardian is a legally complex procedure that requires evidence and a court decision.

The Consultant legal marketplace helps you quickly find an experienced lawyer to provide comprehensive support for your case without unnecessary risks.

Procedure for recognising legal incompetence and establishing guardianship — stages

Consultation and collection of evidence — analysis of medical certificates, medical history and forensic psychiatric reports.
Preparation of a claim — a statement is drawn up describing the person's condition, the grounds for incapacity and a request to appoint a guardian. No court fees are charged.
Submission to the court and the guardianship authority — the claim is filed at the place of residence of the person or at the place of treatment, and at the same time, a submission is sent to the guardianship authority.
Court proceedings — the parties are heard, the circumstances of the case are examined, an expert examination is conducted, and the guardianship submission is considered.
Obtaining a decision and implementing guardianship – after it becomes legally binding, the court determines incapacity and officially appoints a guardian, which gives the right to manage property, represent interests, and receive social assistance.

Looking for information on how to obtain a declaration of incapacity and appoint a guardian in Ukraine?

In the Consultant legal marketplace, you will find trusted lawyers who will:

Provide comprehensive advice and help gather all the evidence for the court (medical certificates, medical records, expert opinions).
Prepare a claim for incapacitation, correctly indicate the grounds and draft a clear text for the court.
Coordinate appeals to the guardianship and custody authority to expedite the appointment of a guardian.
Represent you in court at all stages, ensuring a favourable outcome and minimal costs.

The Consultant legal marketplace provides comprehensive support in such cases — from preparing documents to participating in court hearings.

Conclusion

The Consultant legal marketplace brings together trusted specialists from all over Ukraine who have experience in cases involving the recognition of incapacity and the establishment of guardianship. Our lawyers focus on what matters most — your legal outcome and the peace of mind of your loved ones.