Constant care for parents

Permanent care for parents is daily assistance to a mother or father who, due to illness, injury, or age, can no longer independently take care of themselves: get out of bed, wash, cook food, take medication on time, or go to the doctor.

The Family Code of Ukraine imposes an obligation on adult children to maintain incapacitated parents who need assistance (Art. 202) and to participate in additional expenses caused by severe illness, disability, or helplessness of parents (Art. 203).

How is care organized?

In practice, there are two ways:

Care on a non-professional basis. One of the relatives—most often a son or daughter—cares for the parents without payment, registration as an entrepreneur, or special training. It is this family care that has legal significance for deferment, traveling abroad, and discharge from military service.

Professional care. It is provided by territorial social service centers (home care), palliative care services, nursing homes, or hired caregivers. If parents are already being cared for by a social service, it will be harder for a relative to prove that they are the one providing care.

What needs to be confirmed legally?

For care to have legal consequences, as a rule, two separate circumstances must be confirmed:

1. Parents really need permanent care. This is assessed by doctors, not the TCC or the son himself.
2. It is the son who provides care, and the care is permanent. This is confirmed by an act establishing the fact of care or a document on receiving compensation.

However, there are grounds where care itself does not need to be proven—for example, a deferment under Clause 13, Part 1, Art. 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization”, if the parents have Group I or II disability. Read more about this in the section on deferment.

In what cases can care for parents be arranged?

Care can be arranged when a mother or father objectively cannot do without outside help. The decisive factor is not age or the name of the disease, but how the state of health affects daily life.

Here are the most common situations.

Parents with disabilities

• Group I. A person, as a rule, cannot care for themselves. This especially applies to subgroup “A”—the highest degree of health loss, in which the need for constant care is obvious. A relative caring for a person with Group I disability can receive compensation.
• Group II. The need for permanent care does not automatically follow from the group status. It must be confirmed separately: by a conclusion of the Medical Advisory Commission (LKK) or a mark in the decision of the expert team for assessing daily functioning (ECOPFO). If Group II is established as a result of a mental disorder (for example, dementia), there is a separate LKK conclusion specifically for such cases (Order of the Ministry of Health dated 31.07.2013 No. 667).
• Group III. A person is generally able to care for themselves. Care can only be arranged if the LKK separately recognizes the need for permanent outside care.

Main rule: disability and the need for care are different legal facts. The presence of a disability group does not yet mean that a person needs permanent care, and vice versa.

Severe illnesses without disability

Disability is not mandatory for arranging care. The need for permanent care can be established by the LKK, for example, after a stroke, hip fracture, major surgery, in oncological diseases, Parkinson’s disease, dementia, or severe heart failure. Confirmation is provided by an LKK conclusion according to Form No. 080-4/o.

Keep in mind that such a conclusion is often issued for 12 months. If the parents’ condition improves (for example, after rehabilitation), upon re-examination the LKK may not confirm the need for care.

Care for parents after 80 years of age

Age itself is not a ground. Neither 80 nor 90 years gives the right to a deferment, travel abroad, or discharge from service if there is no relevant document. For parents of any age, one of two things is required:

• an LKK conclusion (ECOPFO decision, previously issued MSEK certificate) regarding the need for permanent outside care;
• or Group I or II disability.

At the same time, age matters in other issues. Doctors take it into account when the LKK decides whether a person needs care. For elderly people with cognitive impairments, a relative can receive compensation for care.

Single pensioners over 80 years old, based on an LKK conclusion, can receive state social assistance for care through the Pension Fund. 

What documents are needed for taking care of parents?

All documents can conveniently be divided into groups based on what exactly they confirm. For a specific purpose (deferment, travel abroad, discharge), not all groups are needed at once—it depends on the ground.

1. Document confirming the parents’ need for permanent care (one of the following):

• LKK conclusion in Form No. 080-4/o (Order of the Ministry of Health dated 09.03.2021 No. 407 as amended by Order dated 27.11.2025 No. 1811). From 27.12.2025 it is issued under a new form, while previously issued ones remain valid until their expiration. The former Form No. 080-2/o (cognitive impairments in elderly people) is no longer issued;
• an extract from the ECOPFO decision, where the field “Need for permanent outside care” is filled out;
• MSEK examination certificate issued before 01.01.2025, if valid and explicitly stating the need for care;
• for parents with Group I or II disability due to a mental disorder—an LKK conclusion under Ministry of Health Order No. 667.

Free-form certificates, hospital discharge summaries, or conclusions from private clinics are not suitable for these purposes.

2. Document on disability (when the ground is related to the group status): MSEK certificate, extract from the ECOPFO decision, disability ID, pension ID, or social assistance ID indicating the group and cause of disability.
3. Document confirming the fact of care. Either a certificate of receiving compensation (assistance, allowance) for care, or an act. Attention: there are three different acts, and none replaces another:

• act establishing the fact of permanent care provision by a person (Annex 8 to the Procedure approved by Cabinet of Ministers Resolution dated 16.05.2024 No. 560)—for deferment, drawn up by a commission of the local self-government body;
• act establishing the fact of care provision (Rules for Crossing the State Border, approved by Cabinet of Ministers Resolution dated 27.01.1995 No. 57)—for accompanying parents abroad, drawn up in free form;
• act of examination of the family status of a serviceman—only for discharge from service, drawn up by the TCC. It is never needed for deferment.

4. Documents on family relationship. For one’s own parents—the son’s birth certificate. For the wife’s parents—the marriage certificate and the wife’s birth certificate.
5. Documents about other relatives—when the law requires showing that they cannot care for or maintain the parents: death certificate, their conclusion on the need for care or disability document, extract from the Unified Register of Persons Missing Under Special Circumstances, court decision, document on arrest or serving a sentence.
6. Personal documents: passport, RNOKPP (tax ID), military registration document of the son, as well as a copy of the RNOKPP (or passport) of the father or mother being cared for.

Before submitting, check not only the presence of documents, but also their content and validity periods. The most common reason for refusals is a disability document without a mark about the need for care or an LKK conclusion whose validity period has already expired.

How to arrange permanent care for parents?

Step 1. Medical conclusion on the need for care

The mother or father contacts their family doctor. The doctor prepares medical documentation and transfers it to the medical advisory commission of the facility where the parents are registered. The LKK considers the documents at a meeting and issues a conclusion in Form No. 080-4/o. Validity period: for permanent disability—indefinitely; for disability with a fixed term—for that term, but not less than 12 months; in all other cases—12 months.

If parents are just arranging disability, it is worth asking the doctor to have the ECOPFO immediately evaluate the need for permanent outside care as well. Then a single extract will confirm both facts at once.

Step 2. Confirmation of the fact of care

There are two ways:

• care compensation—application through the Administrative Services Center (CNAP) or social protection authority (if the parents’ condition meets the terms of Resolution No. 859 and the son lives with them);
• an act establishing the fact of care —an application in free form addressed to the head of the executive body of the village, settlement, or city council (in Kyiv—the district in city military administration) at the declared place of residence of the parents. A commission of at least five persons arrives at the address within 10 calendar days, checks who actually provides care and whether social care services are being provided, and draws up an act (Clause 61 of Procedure No. 560).

Step 3. Further steps depending on the goal

1. For deferment. The application is submitted via request in “Reserve+” (if the ground is confirmed by state registers) or personally through any CNAP. Submitting via a representative or by mail is not allowed. The decision is made by the TCC commission at the place of registration: usually within 7 working days, or if requests were sent, up to 15 working days. Pending decision, the son is not subject to draft and is not sent to the Military Medical Board (VVK). Details are in the next section.
2. For traveling abroad. The son travels only together with the father or mother as an accompanying person and is obliged to return no later than them (Clause 2-1 of Rules No. 57). If the parents have Group I or II disability, documents on family relationship and disability are required at the border, as well as one of the following documents: confirmation of joint registered place of residence, an act under Rules No. 57, or a compensation certificate.

The act under Rules No. 57 is drawn up by the District State Administration (RDA) or the executive body of the council no later than 5 working days. If there is no disability, the son as a first-degree family member can accompany parents with documents on family relationship and an LKK conclusion. Rules No. 57 do not require a deferment, but without it, the son may be mobilized even before passing border control, so it is better to have it.

Deferment for caring for parents

The Law of Ukraine “On Mobilization Preparation and Mobilization” provides for two independent grounds for deferment related to parents: Clause 9 and Clause 13 of Part 1 of Art. 23. They differ significantly in conditions and documents.

Which ground to choose if parents have a disability?

If a mother or father has Group I or II disability, the son chooses which clause to apply under. Clause 13 is simpler in terms of documents, but will not work if there are other non-military-obligated maintainers—for example, a spouse or daughter. Clause 9 requires a conclusion on the need for care and an act, but other relatives do not matter for one’s own parents.

Group III disability is not suitable for Clause 13, but with an LKK conclusion, Clause 9 can be used.

In practice, TCCs and commissions sometimes mix up these grounds: under Clause 9, they demand proof that there is no one else to care, or refuse because “in the presence of disability, it is only Clause 13”.

This is illegal. In case No. 340/6799/25, the court pointed out that these are two different grounds with different scopes of proof, and if the son applied specifically under Clause 9, transferring the conditions of Clause 13 to him is unacceptable.

Can the son work?

There is no direct prohibition. But deferment under Clause 9 is granted only for permanent care. If the son works in an office or factory for 8 hours every day, the TCC may consider care to be periodic. Remote work or sole proprietorship (FOP) from home is usually compatible with permanent care.

For Clause 13, the son’s work does not matter. It is also worth considering: if the son works, care compensation will be minimal or non-existent, so an act is usually needed for deferment.

Practical situation

Andriy is 34 years old, lives with his father, who is 88 years old and has Group II disability after a stroke. The mother died. Andriy’s sister lives separately, is healthy, but does not want to care for her father.

• Under Clause 13, a deferment cannot be obtained: the sister is a non-military-obligated person legally required to maintain the father. The fact that she “does not want to” has no legal significance.
• Under Clause 9—it is possible. Andriy obtains LKK conclusion No. 080-4/o for his father, applies for an act to the council executive body at the father’s address, and then submits an application through the CNAP. The presence of the sister does not matter for Clause 9.

The exact same family receives a refusal under one clause and a deferment under another—which is why choosing the right ground decides everything here.

Permanent care for mother

Most common question: mom is sick, but dad is alive—can the son arrange care? The answer depends on the purpose and dad’s status.

Deferment under Clause 9. Dad does not interfere. For caring for one’s own mother, the law does not require proving that there are no other caregivers, and this is not specified in the application (Clause 58-1 of Procedure No. 560). A conclusion on the mother’s need for permanent care and an act or compensation certificate are required. At the same time, if dad lives with mom, and the son lives separately, the commission drawing up the act may conclude that dad actually provides care.

Deferment under Clause 13 (if mom has Group I or II disability). Here dad matters, because under the Family Code, a husband is obligated to financially support his wife who is incapacitated (Art. 75). The consequences are as follows:

• dad is subject to military service—he does not block Clause 13, but then deferment under this clause will be received only by the person chosen by mom (husband or son);
• dad is not subject to military service (for example, due to age he has already been removed from military registration)—he blocks Clause 13, unless he himself has a disability, needs permanent care, is under arrest, or serving a sentence.

Practical advice: if dad is elderly and sick himself, it is worth obtaining an LKK conclusion for him as well. Then he ceases to be an obstacle for Clause 13.

Discharge from military service. Dad is a first-degree family member for mom. If he is healthy and can care for her, a son-serviceman will not be able to discharge under this ground. But if dad himself needs permanent care (confirmed by a conclusion), and mom has Group I or II disability and there are no other relatives, discharge is possible.

Permanent care for father

The situation is similar to the previous one, but has one important difference: mom, as a rule, is not subject to military service.

Deferment under Clause 9. Mom does not interfere—the rule is the same for one’s own parents. But, as with dad, the commission checks who actually provides care. If mom is healthy and lives with father, the son should prepare in advance to show his real involvement in care: joint residence, remote work, accompanying to doctors.

Deferment under Clause 13 (if dad has Group I or II disability). Mom as a wife is legally obligated to maintain a husband in need of help. Therefore, her presence almost always blocks Clause 13. Exception—when mom:

• herself has a disability (any group);
• or according to a conclusion needs permanent care;
• or is under arrest (except home arrest) or serving a sentence.

In themselves, mom’s age, pensioner status, or the fact that she works do not matter. A rare exception—when mom herself is registered for military service (for example, in a medical specialty): formally she then does not fall under the condition of non-military-obligated maintainers.

Discharge from military service. Same as in the case with mom: if the second parent is healthy and can care for him, there is no ground for discharge.

Thus, when both parents are alive and only one is sick, Clause 9 most often works for deferment.

What to do if there is a sister or brother?

If sister or brother lives in Ukraine

Deferment under Clause 9. Brothers and sisters do not matter. For caring for one’s own parents, the law does not require proving that there are no other caregivers.

Deferment under Clause 13. Here everything depends on who exactly:

• sister under the Family Code is obligated to maintain incapacitated parents and, as a rule, is not subject to military service. Therefore, she blocks Clause 13 unless she herself has a disability, needs permanent care, is under arrest, or serving a sentence. The fact that sister does not want to help does not matter;
• brother subject to military service does not block Clause 13, because the law considers only non-military-obligated maintainers. But deferment under this clause will be received by only one of the sons—the one chosen by father or mother in the application under Annex 15 to Procedure No. 560. The second brother can claim deferment only under another ground.

Discharge from military service. Brothers and sisters of a serviceman are first-degree family members for parents, so by general rule they block discharge. But courts consider whether a relative can actually provide care. In case No. 140/12539/25, courts of two instances recognized that a sister who herself permanently cares for her disabled child of subgroup “A” cannot be considered a family member capable of caring for a father with Group I disability. The military unit was ordered to discharge the serviceman. The courts relied on Supreme Court ruling dated 27.02.2025 in case No. 380/16966/24.

If sister or brother lives abroad

The law makes no exception for relatives living abroad: the obligation to maintain parents does not depend on residence location. Therefore, a sister who left is still considered an “other person obligated to maintain” for Clause 13. For Clause 9, her departure does not matter.

For discharge from service, a sister living abroad can be an argument in favor of the serviceman, as she cannot actually care for parents daily. But under a formal approach, the military unit will likely refuse, and this issue will have to be resolved in court.

There is another nuance. If a sister lives abroad and wants to take mom or dad to her place, the son can accompany them (see section on registration), but must return no later than them. If parents remain abroad and register at the consulate, the son can later travel to them independently—with a consular registration certificate and documents giving the right to accompany (Clause 2-1 of Rules No. 57). Keep in mind that when parents live abroad, the ground for deferment under Clause 9 usually disappears, as the son no longer provides permanent care for them.

Common situation: one family—three different answers

Mom is 79 years old, has dementia and Group II disability. Dad passed away. She has three children: the eldest son serves in the AFU, the younger son lives with mom and cares for her, the daughter lives in Poland and offers to take mom to her place.

In such a family, every man has his own question, and the answers to them are different.

Younger son—deferment. Under Clause 13 it cannot be obtained: sister is a non-military-obligated person required to maintain mom, and the fact that she lives in Poland does not change this. However, Clause 9 fits perfectly. Since Group II was established due to a mental disorder, an LKK conclusion on the need for permanent care can be obtained for mom. The fact of care will be confirmed by the younger son with an act or—if he does not work—compensation for caring for an elderly person with cognitive impairments.

Eldest son—discharge from service. Mom has Group II, so the ground itself exists. But mom has other first-degree family members, and one of them—the younger brother—already actually provides care. Therefore, the eldest son will not be able to discharge under this ground. The law gives the right to be home near a sick mother to one of the sons, not both.

Trip to sister. The younger son can accompany mom to Poland. At the border, documents on family relationship and disability will be needed, as well as proof of joint registration, an act under Rules No. 57, or a compensation certificate. He must return no later than mom.

But there is a trap here: if mom stays in Poland and the son returns alone, he will no longer be providing permanent care for her. The ground for deferment under Clause 9 will disappear, and upon verification, the deferment may be canceled. Such a decision should be made consciously, weighing the consequences in advance.

Our case

A man facing a very common situation approached Prikhodko & Partners Law Firm. His mother is 84 years old. She has no disability, but after a hip fracture, she barely gets out of bed. Mom lived alone in a village, and her son lived in a regional center: worked in an office and came to visit her every weekend.

The client was confident that mom’s age and condition automatically gave him a deferment. During consultation, we identified three problems at once:

1. No document on the need for care. Neither age nor diagnosis in the medical card replaces an LKK conclusion in Form No. 080-4/o.
2. Separate residence. The commission drawing up the act comes to the mother’s address and checks who actually provides care. If the son continued living in another city and coming only on weekends, the act would most likely be refused.
3. Office job. Even with an act, a full workday away from home would question the permanent nature of care.

We drew up an action plan and accompanied the client at every stage. The client moved his mother to his place, registered her place of residence at his address (the local self-government commission draws up the act precisely at the declared place of residence of the person receiving care), and switched to remote work. After the mother received LKK conclusion No. 080-4/o, we prepared an application to the local self-government commission. Upon receiving the act, we prepared a package of documents for the CNAP, and the client received a deferment under Clause 9.

Permanent care for wife’s parents

Care for a mother-in-law or father-in-law is permitted by law, but under stricter conditions than for one’s own parents. The logic is simple: the wife herself should care for her parents first.

Deferment under Clause 9. In addition to the conclusion on the need for care and the act, it is required that:

• the wife herself cannot care for her parents (needs permanent care, died, perished, missing, recognized as missing, or declared dead);
• the mother-in-law or father-in-law has no other able-bodied family members who are obligated and able to care for them.

This is stated in the application (Clause 58-1 of Procedure No. 560). Documents attached include marriage certificate, wife’s birth certificate, and documents confirming the inability of care from her or other relatives.

Deferment under Clause 13 (mother-in-law or father-in-law with Group I-II disability). The wife herself is legally obligated to maintain her parents, so if she is healthy, Clause 13 is virtually unavailable to the son-in-law.

Travel abroad and discharge. Rules No. 57 allow a son-in-law to accompany a mother-in-law or father-in-law with Group I or II disability abroad on the same conditions as own parents. Discharge from service for caring for wife’s parents is also possible, but only for Group I or II and in the absence of other first- or second-degree relatives capable of providing care. A healthy wife will also be an obstacle here.

How to save time on arranging permanent care for parents?

Most time is lost due to common mistakes: wrongly chosen ground (Clause 9 instead of Clause 13 or vice versa), LKK conclusion in the wrong form or expired, refusal of the act due to separate residence, uncounted relatives, confusion between three types of acts.

Every such mistake leads to a repeated cycle: new conclusion, new act, new application, several more weeks of waiting.

Lawyers at Prikhodko & Partners Law Firm help navigate this path on the first try.

• Consultation. We analyze your family composition and parents’ health status, determine which ground gives you the best chances, check existing documents, and draw up an exact action plan: what, where, and in what sequence to get.
• Full support. We prepare applications, accompany the receipt of the act, assemble the document package for the CNAP, monitor application consideration, and track LKK conclusion and deferment deadlines. We assist with documents for accompanying parents abroad and with reports for discharge from service. In case of refusal by TCC, commission, or military unit—we appeal it in administrative court.

Mobilization legislation changes several times a year. If you plan to arrange care for parents or have already received a refusal, contact us—we will evaluate your situation considering current norms.