ESTABLISHING GUARDIANSHIP OVER AN ELDERLY PERSON ✅ FAMILY ✅ SERVICES

clarifies the circumstances (health condition of the person, family ties, available property);
determines whether guardianship or custodianship is appropriate;
provides the client with a step-by-step action plan.

prepares a list of required documents;
assists in obtaining a medical certificate on the person’s condition;
arranges the collection of certificates from guardianship authorities, civil registry offices, notary, etc.;
checks the correctness and completeness of the document package.

drafts an application to declare the person incapacitated or partially incapacitated;
attaches supporting documents (medical reports, proof of family ties, etc.);
submits the application to the court and monitors its acceptance.

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How to establish guardianship over an elderly person

Establishing guardianship over an elderly person is a legal procedure carried out exclusively on the basis of a court decision. This requires filing an application to declare the person incapacitated or partially incapacitated, preparing a package of documents (medical reports, certificates, proof of family or other relationships), and applying to the guardianship authorities. The legal marketplace “Consultant” provides assistance with preparing applications, compiling the required set of documents, and supporting clients at every stage of the process.

Legal review of documents for establishing guardianship over an elderly person

One of the key conditions for a successful case is the accuracy and completeness of the documents. Incorrectly prepared certificates, applications, or other materials may:

Be grounds for refusal to open proceedings: the court may reject the application if documents do not meet legal requirements.
Cause delays in the process: inaccuracies or missing documents often result in hearings being postponed.
Lead to additional expenses: re-obtaining documents and correcting errors requires both time and financial resources.

The specialists at “Consultant” provide comprehensive support: they check the compliance of documents with current legislation, draft correct versions, and advise on obtaining missing materials. The result is a properly prepared document package suitable for submission to court.

Specifics of establishing guardianship over an elderly person under martial law

Martial law in Ukraine affects the guardianship procedure by creating additional legal and organizational challenges. Individuals planning to establish guardianship should consider the following aspects:

Limited access to courts. Due to military actions and the suspension of some courts, cases may be postponed, jurisdiction changed, or applications reviewed remotely. This increases the timeframe for receiving a court decision.
Difficulties with medical examinations. Healthcare facilities may not always issue a medical report promptly. In such cases, additional confirmation or repeated examinations may be required.
Additional requirements for documents. Guardianship authorities may require updated certificates, proof of residence, or a criminal record check for the guardian. Notarized copies of documents are also commonly requested.
Restrictions on managing the ward’s property. Martial law may affect the ability to use or dispose of real estate or other assets. In some cases, prior approval from guardianship authorities or the court is necessary.
Delays in communication with state authorities. The work of some government institutions may be unstable, complicating the issuance of extracts and certificates. This should be considered when planning the procedure timeline.

The lawyers at “Consultant” provide support at every stage: from preparing a full set of documents to representing clients in court. We take into account current legislative changes and court practice to ensure maximum protection of the rights and interests of both the ward and the guardian.

Advantages of working with the Legal Service “Consultant”

comprehensive legal support at every stage of the procedure;

verification and preparation of documents in compliance with the law;

practical experience in guardianship cases involving elderly persons;

an individual approach to each client.

Conclusion

Do you need professional assistance with establishing guardianship over an elderly person? The specialists at “Consultant” are ready to provide full legal support — from document preparation to representation in court.