Establishment of guardianship over a disabled person of the 2nd group

Establishing guardianship over a disabled person in the 2nd group is a long and complex process, as it involves collecting a large list of documents, understanding the legal process of registering guardianship over a person, and having a sufficient amount of time for implementation.

However, to significantly speed it up in practice, you need to contact qualified specialists.

Such specialists are the “Prikhodko and Partners” law office, which will help establish guardianship over a group of 2 disabled persons.

What are the grounds for establishing guardianship over a disabled person of the 2nd group?

According to the general rule defined in the Civil Code of Ukraine, guardianship is assigned to persons who are officially (judicially) recognized as incompetent and minors.

However, to establish guardianship over a disabled person of the 2nd group, it is necessary to prove the fact that the person needs guardianship and cannot take care of himself on his own.

How to arrange guardianship of a disabled person in the 2nd group?

First of all, it should be noted that registration of guardianship consolidates the establishment of legal relations between the guardian and his ward (a person with a disability) to provide assistance and protection to the latter.

To issue guardianship, a citizen needs:

• Prepare a statement in writing about recognizing a person as incapacitated. The application is submitted to the local court of the 1st instance, where the person who needs to be declared incompetent lives, in some cases – at the location of the treatment facility (if the citizen is being treated in this facility). The application can be submitted personally by the applicant, his representative, guardianship and guardianship authorities. Along with the application, the necessary package of documents should be submitted – medical documents confirming the presence of health disorders, family ties between the applicant and the future ward, etc.
• Opening of court proceedings. After checking the application that was submitted, the court establishes grounds for the possibility of opening proceedings on the case and appoints the case for consideration.
• Trial. The participants in the case (applicant, interested persons) appear on the appointed date, time, and place of the court session, and then the consideration of the case, examination of the evidence base, hearing of the parties in the case, etc., begins.
• Purpose of examination. In cases where a person needs to be declared incompetent, the court must appoint a forensic psychiatric examination, which must establish the presence of a persistent mental or physical disorder in the person.
• Resumption of proceedings. After the court has received the results of the forensic psychiatric examination, it resumes proceedings in the case within 10 days and appoints the date, time, and place of consideration of the case on its merits.
• Deciding on the case. The court examines all the evidence in the case and decides to satisfy or reject the applicant’s demands. In the case of positive consideration of the case in favor of the applicant, the court recognizes the person as incapable and appoints a guardian for such person. Such a decision is valid for no more than 2 years.

Do you want to establish guardianship over a group 2 disabled person?

In such a situation, be sure to contact the Prikhodko and Partners law office.

Our lawyers have practical work experience in the field of family law, and thorough knowledge of Ukrainian legislation, and therefore will help to quickly resolve your issue. Get in touch!