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In the period of active hostilities in Ukraine, the topic of establishing permanent care or guardianship over close relatives, namely brothers and sisters, is more relevant than ever.
This is explained by the fact that during the full-scale invasion of the Russian Federation into Ukraine, many families lost their loved ones, and minor children were left without parents, and therefore need guardianship or permanent care.
The main task of the state and society as a whole is to provide the best conditions for those who need help in these difficult times.
Therefore, in this article, we will consider how to establish permanent care (guardianship) over a sister or brother in accordance with the norms of the current legislation of Ukraine.
What is Permanent care?
Permanent care is a way of providing the necessary help and support to persons with physical or mental limitations, which involves the constant presence of a caregiver with the person in need of care.
On whom can it be installed?
Permanent care can be established for a person who:
- has a disability since childhood;
- has a disability of group 1;
- has a disability of group 1 or 2 due to an existing mental disorder. In addition, there must be a conclusion from the medical commission of the medical institution that such a person cannot serve himself independently and needs care from an outside person;
- is elderly (80 years old), disabled, is a child with a disability, and needs care from an outsider.
So, if you want to establish permanent care for a sibling, then such a person must fall under the above criteria.
What is guardianship?
Guardianship is a way of providing necessary assistance to citizens who have been deprived of parental care (in case of the death of parents or their whereabouts are unknown). It is imposed on children who have not reached the age of 14 and on adults who have been recognized in a court of law as incompetent, that is, those who do not realize the cause-and-effect relationship between their thoughts and actions as a result of a persistent mental disorder.
Who can apply for guardianship?
- Close relatives living close to the person who needs care;
- Parents, children, brothers, and sisters of the person who needs care. At the same time, their place of registration and actual stay is unimportant;
- Territorial bodies of custody and care;
- Psychiatric medical institutions.
Therefore, guardianship today will be the most profitable way to help a loved one, namely a brother or sister who lost their parents as a result of the armed aggression of the Russian Federation.
If you need to decide whether it is better to establish permanent care or guardianship over a brother or sister, then in this case, you cannot do without qualified consultation from proven lawyers – the Prikhodko and Partners law firm.
Our team specializes in family law, so we are not alone we will provide high-quality and detailed answers to all questions that will arise during cooperation, and we will also prepare the necessary package of documents for establishing permanent care or registration of guardianship. So don’t delay and apply!