HOW TO PROVIDE GUARDIANSHIP FOR A MILITARY?

Guardianship is a legal status where one person, the guardian, assumes responsibility and provides care and concern for another person who is unable to make decisions or provide for their own needs. Establishing a guardianship is an important step to protect and care for a person who cannot make decisions or provide for their own needs. Guardianship can be established for minor children, persons with disabilities, or the elderly.

In the context of martial law, the guardianship registration procedure may have specific features. Such features may be associated with additional restrictions or requirements established in connection with martial law.

Today, there is a certain problem that many people are not completely knowledgeable in the legal field and confuse the concepts of guardianship and permanent care, but these concepts are different. This article will deal with the topic of guardianship.

According to the Law "On Mobilization Training and Mobilization", the basis for a postponement in accordance with Article 23 is the guardianship of a person with a disability, recognized by the court as incapable.

Yes, and with regard to dismissal in accordance with Article 26 of the Law on Military Duty and Military Service, a serviceman has the right to dismissal due to the need to take care of a person with a disability, recognized by the court as incapable.

The establishment of guardianship over an incapacitated person begins with an application to the court at the place of residence of this person. If she is receiving treatment, the application can be submitted to the court at the location of the appropriate psychiatric care facility.

So, certain questions arise:

Can a military serviceman become a guardian?

• Yes, maybe, if he meets the criteria that do not deprive him of this right.

Is the guardianship process quick?

• It is necessary to understand that guardianship is established in court. Therefore, the court establishes guardianship over a natural person in the event that he/she is recognized as incapable and appoints a guardian at the request of the body of guardianship and guardianship.

In that case, if the person has not yet been recognized as incompetent, it is necessary to apply to the court for the purpose of recognizing the future ward as incompetent and to receive a submission from the guardianship authority regarding the possibility of appointing a specific person as a guardian. Taking into account the above, it is necessary to collect and submit the appropriate package of documents to the guardianship authority.
Thus, this process is rather slow.

Problematic moments:

• Since, in accordance with the law, the case is considered with the participation of the applicant. The main problem currently, specifically for a serviceman, is the impossibility of being present at court hearings.
• This process is quite time-consuming, which in turn is not always suitable for the military.

How can a serviceman resign on the basis of guardianship?

In order to be discharged, the serviceman prepares a discharge report and attaches a duly certified copy of the court decision that declared the person incapacitated and appointed a guardian.

If you have questions that require clarification or help directly in dismissal, contact the lawyers of Prikhodko&Partners, who will help you resolve the issues.