Establishing the fact of care for an accompanying person with a disability or a person who, according to medical indications, needs care abroad for recovery or treatment.

Client: Applicant
Region: Kyiv
Purpose: crossing the border as an accompanying person of a grandmother with a  disability of the 2nd group.
Lawyer: Grigoryeva Anastasia Dmitrivna
Lawyer: Roman Sulyk

The essence of the court case:

Party-1 (Applicant) turned to the legal company "Prikhodko and Partners" with the issue of establishing the fact of taking care of his grandmother, who has the 2nd group of disabilities, which is confirmed by the MSEK certificate.

Obtaining the Act to establish the fact that providing care is necessary for crossing the border between the grandson and the grandmother,

who wants to accompany her to recovery and treatment outside of Ukraine.

This case is divided into several stages of legal support for all processes:

The first stage:

Providing full legal advice with analysis of available documents and reasons for achieving the client's ultimate goal.

The second stage:

Legal support with the submission of relevant medical documents and applications to the Medical Advisory Commission to obtain the opinion of the LCC, which confirms that a person with the 2nd group of disabilities needs constant external care.

The third stage:

Legal support for submitting the appropriate list of documents to the social protection department for obtaining the Act on establishing the fact of care (for crossing the border), provided for by CMU resolution No. 1044 (as amended) in clause 2/1.

The fourth stage:

Legal support by a lawyer and a lawyer of the Client when crossing the state border of Ukraine to protect the interests of clients and communication when necessary with representatives of the State Border Service of Ukraine.

Progress:

• The lawyer of the legal company "Prikhodko and Partners" conducted a full consultation on accompanying a person with a disability abroad and establishing care for the said person.

Analyzed the documents and provided a complete procedure for obtaining the final result at the client's request.

• After signing the contract and agreeing on the terms of cooperation with the CLIENT, the lawyer began the preparation of medical documentation for submission to the Medical Advisory Commission.
• After submitting the appropriate application with medical indications, the LCC approves and issues a conclusion on the need for permanent outside care for the grandmother within 5-10 working days.
• After receiving the conclusion of the LCC of the short form, which is provided for obtaining the act and crossing the border, the lawyer began the preparation of the domains of the CLIENT and his grandmother with relevant applications for submission to the social protection body of the population at the place of registration of the CLIENT's residence.
• The lawyer received a certificate confirming the actual residence of the CLIENT and his grandmother at the same address.
• After submitting the appropriate list of documents and applications to the Department of Social Protection of the Population, an inspection by employees was scheduled for social assistance to establish the fact that the CLIENT cares for the grandmother and to establish the fact of joint residence at that address, to obtain the relevant documents required for crossing the border.
• After checking within 5 working days, the lawyer received an official document, namely the Act on Establishment of the Fact of Care (original), and handed it over to the CLIENT.
• The last step in the case is the legal support of the client at the state border of Ukraine with the relevant list of documents stipulated by the resolution of the Cabinet of Ministers No. 1044, which was made during cooperation with the CLIENT.

Conclusion:

On the basis of correctly legally executed documents and appropriate consultations in accordance with the requirements of the law, the CLIENT and his grandmother successfully crossed the border to receive proper treatment and recovery from the grandmother outside of Ukraine.

Lawyers and attorneys of the legal company "Prikhodko and Partners" can provide you with appropriate advice in accordance with your situation and ultimate goal, full turnkey legal support, and obtain all relevant documents provided for by the current legislation of Ukraine in the shortest possible time provided by the legislation.