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Guardianship registration became even more popular during the martial law period because many families lost their relatives, children lost their parents, and elderly people in the conditions of active hostilities in the country could not take care of themselves properly.
In practice, all this leads to the emergence of a large number of questions among citizens about how to properly issue guardianship in 2023. This shows the relevance of consideration of this topic.
Therefore, in this article, we will consider how to issue a guardianship, taking into account the provisions of the current legislation of Ukraine.
Who is the guardian?
The norms of the Civil Code of Ukraine provide that guardianship can be established over persons who have not reached the age of 14 and are orphans those who have lost their parents and are deprived of parental care, or natural persons who have been recognized by the court as incompetent (the person is not aware of his actions and actions, inability to manage them due to the presence of a mental disorder).
Who cannot be a guardian?
Usually in practice, guardians are appointed from persons who have family and kinship relations with the ward.
However, the legislation establishes certain criteria for such persons, which say that the aforementioned citizens cannot exercise guardianship, these are cases when:
- they are younger than 18 years;
- recognized by the court as incapable or limited in capacity;
- are registered in medical institutions (narcological and psychoneurological);
- have an outstanding criminal record for committing a serious crime;
- were already appointed guardians, but due to their negligence or fault, such guardianship was terminated;
- have vested interests, which contradicts the ward’s worldview.
Where should I apply for guardianship?
The body that establishes guardianship over the ward is the body of guardianship and guardianship. Therefore, in order to register a citizen’s guardianship, it is necessary to contact them at the place of actual residence or stay of a child (or an elderly person) with a certain package of documents, after consideration of which a decision will be made to establish guardianship over a person.
The total term for consideration of submitted documents is 1 month.
What documents to submit?
- Application from a person who plans to be a guardian. In it, indicate why you want to be a guardian and what legal grounds you have for establishing guardianship over a person;
- A document showing the applicant’s income received by him in the last 6 months;
- Ownership of housing in which the ward will live together with the guardian;
- Copy of passport;
- Medical opinion on the state of health of the future guardian;
- A document proving the absence of a criminal record;
- Certificates from a narcologist and a psychiatrist for persons living together with the applicants;
- Written consent from persons living together with the applicant to take custody of an orphaned child or one deprived of parental care;
- Persons who are in an officially registered marriage – a copy of the marriage certificate.
Do you need to quickly issue guardianship over a person? To resolve this issue, you should contact qualified lawyers – the “Prikhodko and Partners” law firm.
Our team specializes in family law and therefore understands how to properly submit documents for guardianship and what legal intricacies of such cases may arise in practice. Get in touch!