GUARDIANSHIP AND GUARDIANSHIP UNDER MARTIAL LAW

Today, the issues of guardianship and guardianship are very important. The relevance of these topics is reinforced by the military situation, when the status of a guardian over an incompetent person allows you to legally travel outside Ukraine. However, it is important to remember that such guardianship must be established by the court, because living with or caring for a disabled person is not enough. The same applies to the recognition of the ward as incompetent. It must also be confirmed by a court decision.

Guardianship of an adult person: features

This type of guardianship is established only when it comes to caring for a person with a mental disorder characterized by:

• resilience;
• chronic course;
• inability to realize their actions;
• inability to manage them.

The fact of incapacity is recognized in court.

Who cannot become a guardian

There are certain categories of persons who cannot be appointed guardians. Except for those under the age of 18, this:

• incapacitated or partially incapacitated persons;
• people treated in neuropsychiatric or narcological institutions;
• persons with a criminal record due to the fact that they have committed a serious crime;
• those who were already guardians, but performed their duties improperly, which caused the termination of guardianship;
• have such interests that run counter to the interests of the ward.

When it comes to child custody, the relevant rule is to prohibit such custody for those who have been deprived of parental rights. The guardianship and guardianship authorities check all these points before agreeing to the further appointment of a person as a guardian.

How guardianship is established

If a person has not yet been recognized as incapacitated, then the procedure takes place in the format of two parallel stages:

1. applying to the court so that the future ward is considered incompetent;
2. obtaining from the body of guardianship and guardianship of the idea of the possibility of appointing a particular person as a guardian.

Sometimes clients ask whether it is necessary to apply to such a body for representation if the guardianship is appointed by the court anyway. Indeed, despite the judicial procedure for considering such a case, the mentioned appeal is mandatory.

What is the benefit of quality legal assistance?

Legal support in these matters is an important help. The specialist advises you on the algorithm of all necessary actions and explains everything in detail. His participation in the preparation of documents and competent communication with government agencies greatly facilitates the life of the client.

Lawyers keep their finger on the pulse of current industry news and are aware of changes in the regulation of custody issues for both adults and children. For example, the Ministry of Social Policy decided that temporary custody of children left without parents can be carried out by foster families, as well as family-type orphanages. In a word, the legislation adapts to the needs of society in the conditions of war, and legal experts will find out all its current changes in time.