How to apply for guardianship over an elderly mother

If a person reaches an old age, as a rule, due to his own physical and mental health, he is unable to take full care of himself.

Under such circumstances, relatives or close acquaintances of an elderly person can take care of her and exercise rights and obligations on her behalf, while always taking into account her legitimate interests. However, how can this be done in practice?

In this informative article, we will talk about the peculiarities of guardianship of an elderly mother according to current Ukrainian legislation.

When is it possible to take care of an elderly mother?

First of all, it should be noted that guardianship of the mother is possible only when the judicial authority recognized her as an incompetent person, as she has persistent mental disorders due to which she is unable to realize her actions, understand their consequences and consciously manage them.

Pay attention! An application for recognition of a physical person as incapacitated can be submitted by his close relatives, family members, regardless of their joint or permanent residence with each other, the local guardianship and guardianship body, as well as the medical institution where the person is being treated.

After the decision of the judicial authority becomes legally binding, since the deadline for appealing it to a higher instance has passed, then the person applies with the appropriate package of documents to the territorial guardianship and guardianship authorities to establish guardianship over the elderly mother.

This list usually includes the following documents, namely:

• a written application to establish guardianship over an incapacitated person;
• those that properly certify the identity - a passport of a citizen of Ukraine or an ID card of both the future guardian and the person who needs to establish guardianship over himself;
• those that properly confirm the fact of family ties between the future guardian and the person who needs to establish guardianship over himself (they are usually needed, since in most cases guardianship is established among close relatives of the person);
• those that properly confirm the presence of full civil legal capacity and the satisfactory state of health of the future guardian (for example, a certificate from a health care institution);
• those that properly confirm the absence of a criminal record in the future guardian (for example, a certificate from the Ministry of Internal Affairs about the person's criminal record);
• those that properly confirm the presence of real estate in the future guardian (for example, a certificate of ownership);
• those that properly confirm the future guardian's income (for example, a certificate of income for the last 6 months);
• the decision of the judicial authority of the 1st instance according to which the person was recognized as incapable.

Under what circumstances can guardianship over an elderly mother be terminated?

The provisions of the Civil Code of Ukraine provide that guardianship can be terminated in the event that a person who was recognized by a judicial authority as incompetent due to persistent mental disorders regains his civil legal capacity. Usually, in practice, this happens if a person is cured of an existing illness, his physical and mental state is restored, he can understand the consequences of his actions and actions and consciously manage them.

In order for a person to restore lost civil legal capacity, his or her guardian needs to contact the judicial authorities and provide appropriate medical documents confirming the fact of the ward's recovery.

Why should you contact the "Prikhodko and Partners" law office?

Our company offers comprehensive legal services covering various legal issues, including guardianship of an elderly mother. In addition, upon request, we provide:

• Individual approach. We understand that each case that arises with a client in practice is unique, and therefore requires the use of only an individual approach to achieve the best result;
• Highly qualified specialists. The company's lawyers have not only many years of work experience in the field of family law of Ukraine, but also excellent theoretical knowledge, which allows us to provide only effective legal assistance;
• Cooperativeness. We ensure that all cases of the company's clients are resolved in a short time;
• Full legal support. Our company does not specialize in providing only legal advice, because we provide full legal support in the case of the company's clients, including the development of various documentation, representation of the interests of individuals in courts and state authorities, monitoring of the implementation of their decisions, etc.

Thus, by contacting the Prikhodko and Partners law office, you can be sure of receiving high-quality legal assistance.

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