"Human rights are above all"
Lawyer
Lawyer practicing family law. Specializes in the procedure of separation, reduced alimony, sub-friendship, placement of a child, abrogation of father's rights, separation of father's rights from a rich family. ї, other family and recessionary disputes.
Case: Legal support regarding the recognition of a person as incapable and the appointment of a guardian
Client: Andriy (applicant)
The person in respect of whom the application is submitted: Serhiy (applicant’s brother)
Lawyer: Roman Sulyk
Lawyer: Alla Borysenko
Actual circumstances of the case:
The client Andriy turned to the lawyer of the Prikhodko and Partners Law Firm, Roman Andriyovych Sulyk, with a request to initiate legal proceedings regarding the recognition of his brother Serhiy as incompetent.
Serhiy suffers from a chronic mental illness that affects his ability to make informed decisions and control his own actions. In particular, Serhiy is unable to manage his property on his own, he needs constant supervision and care from close people. Since Serhiy’s mother has reached retirement age, the only relative who can take on this responsibility is his brother.
Circumstances and medical evidence:
- Serhiy is being treated in a psychiatric institution, where he has been diagnosed with a serious mental disorder that significantly limits his ability to act consciously.
- Serhiy’s relatives and doctors are aware of the impossibility of Serhiy’s independent decision-making and decide to appoint a guardian over him.
- Sergey’s health threatens his safety, and there is also a risk that he may damage his property due to his inability to adequately manage it.
Purpose of the case:
The applicant, Andriy, intends to declare his brother Serhii legally incompetent and obtain a court decision to appoint him as his official guardian. This will allow Andrew to provide him with proper care and support.
The process of supporting the case:
- Preparation of documents
Lawyer Roman Andriyovych Sulyk, together with lawyer Alla Borysenko, conducted a detailed preparation of a package of documents for submission to the court. The application included:
- Medical conclusions about Serhiy’s mental state.
- Certificates from medical institutions where Serhiy was treated.
- Testimony of relatives and friends about Serhiy’s condition.
- Conclusion of the body of guardianship and care.
- Evidence to confirm that Andrew has the opportunity to be a guardian.
- Submitting an application to the court
The lawyers prepared and submitted a statement to the court in which the demand to declare Serhiy incompetent and to appoint Andriy as his guardian was outlined. The statement was also accompanied by evidence confirming Serhiy’s inability to independently manage his actions.
- Judicial proceedings
Lawyer Roman Sulyk represented Andrii’s interests in court. During the trial, a forensic medical examination was conducted, which confirmed the state of Serhiy’s incapacity.
The lawyer also submitted witness statements that testified to Serhiy’s inability to take independent legal and financial actions. In addition, the lawyers accompanied the communication with the body of guardianship and guardianship regarding obtaining a conclusion on the expediency of appointing Andriy as the guardian and were always in contact with the Client.
Instead of a conclusion:
On the basis of the submitted documents and medical reports, the court decided to declare Serhiy incompetent. In addition, the court appointed Andrii as Serhiy’s official guardian. This allowed Andriy to take responsibility for Serhiy’s property and legal issues, as well as to ensure his right to deferment.
The role of Roman Andriyovych Sulyk, lawyer of Prikhodko and Partners Law Company, and Alla Borysenko, lawyer, was key in achieving a positive result for the Client.
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