HOW TO BECOME A GUARDIAN FOR A PERSON WHO NEEDS IT

The procedure for registration of guardianship and care depends on the person for whom it is established. Let's consider different options and the legal mechanism by which they are implemented in practice. So, when we talk about care, we mean a person who cannot take care of himself in everyday life. However, she may not have mental problems and illnesses, but need help only because of her advanced age or weak physical health.

When it comes to guardianship in its full sense, we are talking about a person who has persistent mental disorders. It can also be established over children, which is a fairly common practice now, when many children have lost their parents as a result of the war and are being raised by relatives. Let's consider in more detail guardianship and care for adults.

The difference between care and guardianship

Care and guardianship can overlap in some contexts, and the concept of care itself is broader, as it can be established not only over mentally ill people with disabilities of the I and II groups, but also over some other categories. For example, among them are disabled people from childhood, people over 80 years old, disabled people of the 1st group and other people who are not able to take care of themselves in everyday life without outside help.

Also, when it comes to caring for an able-bodied person (that is, a person without mental disorders), her consent is required for this. In the case of guardianship, such consent is not required. Lawyers of the law firm "Prykhodko and Partners" help in the registration of both care and guardianship. We advise, facilitate the faster preparation of the necessary documents and provide comprehensive professional support for your request from the beginning to the desired result.

Why is the issue of custody and care so relevant now?

For a long time, adult children have cared for their parents who have physical health problems or dementia. It was far from always formalized as guardianship or care, since the duty to care for infirm parents or other relatives is associated with a moral requirement. However, the norms of law and morality often overlap, and one is reflected in the other. Therefore, the legislators provided for clear and understandable mechanisms for registration of guardianship and care.

Today, such a mechanism makes it possible not to be mobilized, to freely cross the state border as a companion of a dependent person, to receive compensation from the state and to include such care in the insurance record, if the person cannot work because of it.

What is required to issue guardianship or care

To do this, you should contact the guardianship authority and take the following actions:

• write a statement;
• add to it the original and a copy of the passport, as well as the documents of the person over whom guardianship or care will be issued;
• provide a medical certificate that your health allows you to perform such a function;
• add a certificate of registration of your place of residence;
• add a certificate issued by a medical commission certifying the person's need for care or guardianship;
• provide documents regarding ownership of property and the right to use it.

When it comes to caring for a person with legal capacity, their consent, certified in the relevant application, is required. If a person is incapacitated and a guardianship is established over him, a court decision on this must be attached. In Ukraine, a person can be recognized as incompetent only in court.

Is it possible to refuse to register care or guardianship?

Yes, such a refusal is possible in cases where care or guardianship would be against the interests of the person over whom it will be established. The guardianship authority carefully examines all submitted documents and makes a decision. The reasons can also be:

• unreliable documents submitted for consideration by the guardianship authority;
• improper living conditions of the person who wants to take the ward to live with him;
• the absence of a real need for care (this can be the case when we are talking about an able-bodied elderly person who can actually take care of himself physically).

It should also not be forgotten that in order to ensure permanent care (or guardianship), the caregiver (or guardian) must permanently live together with the person for whom care (or guardianship) will be established. If the problems and violations listed above are not found, then there will be no grounds for refusal.

Today, clients often have a request to speed up the process of registration of guardianship or care as much as possible and not to become hostages of bureaucratic procedures. High-quality legal support will contribute to this.