HOW TO BECOME A GUARDIAN OF A DISABLED CLOSE RELATIVE

Recognition of a person as incapacitated is determined based on the norms of the Civil Code of Ukraine. According to Article 39, this can happen when a person has a persistent and chronic mental disorder, as a result of which he cannot:

• manage your actions;
• understand their meaning.

If we talk not about the general features of this issue, but about its more detailed regulation, then it would be appropriate to mention the Civil Procedure Code of Ukraine. It defines the order in which such recognition should take place.

What needs to be done to start such a procedure?

You can initiate the process with a corresponding statement. It is sued according to:

• the place of residence of this person;
• the location of the inpatient institution in which he systematically undergoes treatment.

You can choose exactly the option that is more comfortable for you, since both of them are equally possible, in accordance with the current legislation.

As for the entities that can submit such an application, among them are:

• family members;
• close relatives;
• guardianship and guardianship authorities;
• psychiatric institution.

Sometimes people ask if they can make such an application if they are not living with a close relative who should be declared legally incompetent. The legislation answers this question in the affirmative. Cohabitation does not affect the right to file this application with the court.

What legal rules define guardianship?

More details about this can be found in Articles 55 and 58 of the Civil Code of Ukraine. It states that the purpose of guardianship is to secure the rights of the incapacitated person. We are talking about both non-property and property rights.

As regards the appointment of a guardian, the procedure is regulated by article 60 of the already mentioned code. It is appointed by the court, and the basis is the presentation to the body of guardianship and guardianship.

Can a guardian take an incapacitated relative to live with him?

When the question arises that it is necessary to take custody of such a relative, his relatives living separately (especially when it comes to another city) often have fears that in order to fulfill their guardianship duties they will have to move and completely break their usual image and image life. But there is nothing to fear in this case. Guardianship can be established not only at the place of residence of the person in need, but also at the place of residence of the guardian.

So you have nothing to worry about. A lot of people face such a situation, and they solve it in a way that is quite comfortable for themselves. For example, this happens when elderly parents die, with whom an incapacitated relative lived, and one of his brothers or sisters takes him away.

What else is important to know about this topic?

It should be understood that in order to appoint a person as a guardian, his written application must be submitted, according to the algorithm of actions described above. It is impossible to become a guardian “automatically”, simply by taking an incompetent relative with you. Everything needs to be done legally.

And, of course, only an adult capable person can be a guardian. Only such a person will be able to ensure the rights of his relative in need of guardianship.