Application for declaring a person incapable and appointing a guardian

"The expected result from our work is our norm. Giving the client more than he expects is our goal."

Sulyk Roman

Advocate - expert in family practice

Contact now

Application for declaring a person incapable and appointing a guardian

Reading time: 3 min.

In the modern world, there are several situations when it is necessary to apply to the court to declare a person incapable and to appoint a guardian.

This can occur due to various circumstances, such as mental or physical limitations, serious illnesses, or unforeseen circumstances leading to loss of independence.

In this text, we will consider all aspects of the process of applying for declaring a person incapable and appointing a guardian.

How to declare a person incapacitated: step-by-step instructions

  • The first step in recognizing a person as incapacitated is a medical examination. This stage includes expert consultations and confirmation of the presence of physical or mental limitations.
  • To successfully pass the procedure of declaring a person incapable, it is necessary to collect comprehensive documentation, including medical reports, medical reports, and other documents testifying to the state of health.
  • Next, you should apply to the court, which will outline all the circumstances that indicate the person's incapacity. This may include more than just medical documents.
  • After the court considers the submitted application and documentation, a guardian is appointed by a court decision in the case. It is important to consider the interests and well-being of the incapacitated person when determining a guardian.

Peculiarities of writing an application for declaring a person incapable and appointing a guardian

An important stage in the process of recognizing a person as incapable and appointing a guardian is the correct preparation of an application that has a high degree of informativeness and legal clarity.

Below are the main aspects to consider when writing this document.

  • The statement should be written clearly and succinctly. Avoiding unnecessary details, it is important to focus on the main facts that confirm the person's incapacity.
  • Ensure that legally accurate terminology is used. It is important to use terms that correspond to the relevant legal regulations and definitions.
  • Divide the application into clear sections, indicating the facts about the person's medical condition, the circumstances that confirm the incapacity, and the arguments for appointing a guardian. A balanced structure will make your positioning easier to understand.
  • Add to the application details that can confirm the person's incapacity: medical reports, medical reports, witness statements, etc.
  • Be formal and use a formal tone. Your application must meet all the norms and requirements of the law.
  • Don't forget to add your signature

Legal assistance: when is it needed?

The process of declaring a person incapacitated and appointing a guardian can face numerous complexities that should be taken into account.

One of the main difficulties is the need for a detailed and balanced collection of evidence confirming a person's incapacity.

Medical examination and expert opinions become decisive in this context.

In addition, clarifying the responsibilities of the guardian may raise several questions. Distinguishing between financial and medical aspects, as well as determining the limits of a guardian's influence on the life of an incapacitated person, requires a detailed legal analysis and consideration of individual circumstances.

In many cases, especially in difficult circumstances, the help of a lawyer can be very useful.

A lawyer specializing in family law and custody issues can:

  • To help understand the legal aspects of the procedure for recognition of incapacity and the appointment of a guardian.
  • Assist in the preparation of all necessary documents and their correct submission to the court.
  • To be a client's representative in legal proceedings, ensuring the protection of his rights and interests.

Contacting a lawyer can greatly simplify the process and ensure a correct and fair resolution of the case.

In important matters of guardianship and incapacity, legal support becomes key to ensuring the rights and well-being of the person affected by the case.

For consultation or calculation of the price of services - fill out the form below.

Calculate the price of assistance:

1 question

Have other lawyers handled your case?


2 question

Are you in Kyiv or Kyiv region?


3 question

Do you need legal assistance urgently?

If we do not
call back
during the day
Law Company
Leave a request for legal assistance right now:
The best lawyers
Fair price
We work quickly
Online / offline consultation