A claim for guardianship

Establishing guardianship is an extremely important topic in Ukraine today. First of all, this is because in connection with the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022, the number of people with mental disabilities and those who do not realize the consequences of their actions has increased dramatically in the country.

In addition, the Ukrainian population counts a large number of pensioners who also need to establish guardianship over them. And therefore consideration of this topic is relevant.

In this article, we will talk about the features of writing a claim for the establishment of guardianship, while taking into account the provisions of current legislation.

Who can be placed under guardianship?

The provisions of the Civil Code of Ukraine, namely part 1 of Art. 58 it is assumed that guardianship is established over citizens who are recognized as incapable.

To declare a person incapacitated, it is necessary to apply to the court, which will decide this issue based on the evidence submitted in the case.

What must be contained in an application for the establishment of guardianship?

• full name of the judicial authority (1st instance) to which the application is to be submitted;
• information about the participants in the case (applicant, interested persons) – full name, RNOCPP, registration address and place of residence, phone number, e-mail;
• the content of the requirements set out in the application;
• substantiation of requirements for establishing guardianship over a natural person and indication of relevant evidence confirming these circumstances;
• a document confirming the presence of a persistent mental disorder in a person;
• a list of documents and evidence submitted together with the application.

Importantly! Cases on the establishment of guardianship over a person are considered within the framework of a separate proceeding, and therefore the participants in such cases are the applicants and interested persons (guardianship and guardianship authority). It is also worth noting that the court fee does not need to be paid in such categories of cases, as it depends on the state.

What should be submitted with the application?

• Documents on the state of health of the future guardian;
• Documents from the psychoneurological and narcological dispensary for the guardian;
• Document on the joint residence of the future guardian and the disabled person;
• A document on the guardian’s income for the last 6 months or 1 year;
• Description from the place of work of the future guardian, which was written by his management;
• A document on the absence of an outstanding criminal record;
• Documents that can confirm the family relationship of the guardian and the disabled person;
• Documents that can confirm ownership of the property of the disabled person;
• Documents showing the composition of the future guardian’s family;
• Statements of close relatives that they consent to the appointment of a person who has expressed a desire to be a guardian;
• Documents a health care institution (in case the disabled person is undergoing treatment);
• Act of inspection of living conditions of an incapacitated person and a future guardian.

If you want to file a claim for the establishment of guardianship, please contact the “Prikhodko and Partners” law office.

Our team will help you legally correctly write a statement of claim and other procedural documents that you will need in the case because we have many years of experience in the field of family law in Ukraine. Get in touch!