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Family law Arrange permanent care for an elderly person

Anna Saliienko

Lawyer

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saliienko@prikhodko.com.ua

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Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Arrange permanent care for an elderly person

Now the question is very common: “Is it possible to arrange care for an elderly person?”

In this article, you can get an answer to this question

According to the provisions of Resolutions No. 859 and No. 560 of the Cabinet of Ministers of Ukraine, it is not enough for a person to reach retirement age to establish permanent care, as every fifth person belongs to the older generation in Ukraine today. Ukraine is among the 30 “oldest” countries in the world.

Taking into account the above, documentary confirmation of the person’s need for care and the impossibility of self-care according to the state of health is necessary.

Such confirmation can be:

The conclusion of the medical advisory commission, which states that the person:

“needs constant/outside care”,
“care at home”,
“care on a non-professional basis”

MSEK certificate on the presence of a person with a disability in the 1st group
Certificate from the MSEK on the presence of a person with the II disability group (with the mark “requires external/constant care”)

In addition, it is worth noting that care can be established only by a person with whom you have family ties

It is IMPOSSIBLE to establish care for a non-relative.

photo Arrange permanent care for an elderly person

When establishing care, an important factor is the fact that the caregiver and the person who will be cared for live together.

In order to arrange care on the basis of paragraph 61 of the Procedure for Conscription of Citizens for Military Service to Resolution No. 560 of the CMU, the person who will provide care and the person to be cared for should live together

According to paragraph 61 of the Procedure for the conscription of citizens for military service to Resolution No. 560 of the CMU, the bodies of the territorial centers are now directly involved in the procedure for establishing the fact of providing care, and, of course, this may become an obstacle to obtaining it.

However, we are ready to simplify this task and accompany you at all stages, and most importantly – we will completely take over the communication with representatives of the territorial centers.

What are the benefits of setting up care?

In the case of registration of care on a non-professional basis, according to Resolution No. 859 of the CMU – the caregiver will have the right to receive monetary compensation
If such non-working able-bodied persons receive assistance or compensation in accordance with the law, mandatory state pension insurance is provided for them, i.e. accrual of seniority.
Also, a person who provides care on the basis of the Act on establishing the fact of care by a person (permanent care) provided for in Appendix 8 to Resolution 560 of the CMU has the right to receive a deferment from mobilization in connection with providing care.
Another benefit that a caregiver can receive is the possibility of traveling abroad during martial law. However, it is assumed that it is not about crossing the border independently, but about departure in connection with accompanying a person who needs care (permanent care).

Possible grounds for refusal to establish care:

Incorrectly assembled document package;
Non-compliance with the procedure for registration of such care;
The presence of other non-military persons who are obliged to provide care, but try to avoid providing such care without having grounds for it (in the case of establishment of care, as grounds for postponement of mobilization);

The residence of such a person abroad is not a reason for the impossibility of providing care.

Absence of a person’s real need for care;
Residence of the person providing care and the person who needs it separately.

So, today, registration of permanent care for elderly people in Ukraine involves a rather complex procedure that requires attention from the government, society and medical institutions.

The implementation of such a procedure requires a comprehensive approach, which includes communication with the social protection authorities, executive authorities, medical institutions, as well as with Territorial centers of recruitment and social support.

Arrange permanent care for an elderly person

What are the benefits of setting up care?

Possible grounds for refusal to establish care:

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Andrey Prikhodko