A statement of claim to declare a person incapacitated and establish guardianship

Recognizing a person as incapacitated and establishing guardianship over him is a very relevant topic today because, in connection with active hostilities on the territory of Ukraine, more and more citizens are disabled as a result of serious injuries and require the establishment of guardianship.

All this leads to the fact that the number of cases of appeals to judicial authorities with a claim to declare a person incapable and to establish guardianship has increased.

However, not every citizen clearly understands the issues of the correctness of writing such a statement of claim and which documents should be attached to it.

Therefore, in this article, we will analyze the current provisions of Ukrainian legislation on writing a statement of claim in this category of cases.

How to correctly write a statement of claim for declaring a person incapable and establishing guardianship?

The general principles of writing statements of claim are determined by the provisions of the Civil Procedure Code of Ukraine, namely Articles 175 and 177 (documents submitted together with the statement of claim).

Thus, Article 175 of the Civil Code stipulates that the statement of claim must necessarily contain the following provisions, namely:

• the full name of the judicial authority to which the person plans to apply with a claim;
• information about the parties to the case - full name, date of birth, RNOCPP, current place of registration or residence, current mobile phone number, and email address. If the party is a legal entity, then also the EDRPOU code;
• if the subject of the lawsuit relates to the determination of any material issues, that is, subject to a monetary assessment, then the price of the lawsuit is indicated;
• the content of the main claims is indicated - actions that must be taken or, conversely, avoided to protect the legal rights and interests of the claimant;
• the circumstances by which the plaintiff substantiates the claims and which confirm the fact that the person really has the right to apply to the court for the protection of his rights and interests are indicated;
• the plaintiff's attempts to settle the dispute out of court are noted;
• measures to ensure the claims are indicated;
• a clear list of documents to be submitted together with the application, as well as a description of the circumstances when the plaintiff cannot submit certain documents because they are on the other side of the dispute, etc.;
• a preliminary list of court costs that the plaintiff may incur for submitting a claim to the court;
• indication of the fact that the plaintiff did not submit the same lawsuit on the same grounds to another court;

Importantly! In the application to declare a person incapable and to establish guardianship over him, it is necessary to identify the person interested in the case, namely the body of guardianship and guardianship, since in this category of cases his participation is mandatory (Part 1 of Article 299 of the Code of Civil Procedure of Ukraine).

What should be submitted together with the statement of claim in the cases of recognition of a person as incompetent and establishment of guardianship?

The following documents must be submitted with the claim:

• a receipt for the payment of the court fee. If a person is exempt from paying it, it is mandatory to provide documents confirming these circumstances (for example, low income or presence of disability, etc.);
• documents confirming that the person is in good health and can be a guardian;
• a certificate of no criminal record;
• information about the income of the person and his characteristics from the place of work;
• availability of real estate for living together with a person who may be recognized by the court as incompetent, etc.

That is, you need to prove the fact that you, as a future guardian, have the physical and financial ability to care for the person.

Don't know how to legally correctly file a claim? No problem, in the event of such a situation, contact the Prikhodko and Partners law office.

Our lawyers are constantly developing lawsuits in various cases, so we clearly understand their correct drafting and know which documents need to be submitted to the judicial authorities. Get in touch!