Establishment of guardianship over an elderly person

Elderly people quite often need help and special care for themselves, because they can no longer cope with basic household tasks.

The reason for this can be severe physical diseases, disability, as well as the presence of mental disorders. In such situations, guardianship is usually officially established, as this guarantees that the person will have adequate assistance, and the guardian, in turn, will receive compensation from the state for the services he provided.

Therefore, it can be said that it is quite profitable for both sides. What is the relevance of the chosen topic?

In this article, we will consider issues related to the specifics of establishing guardianship over an elderly person.

In what cases is it possible to issue guardianship over an elderly person?

• When a citizen is incapacitated due to his age (a court decision is required);
• When a citizen has a disability of group 1 or 2 and also needs constant supervision and outside assistance;
• When a citizen does not have the opportunity to serve himself due to existing mental disorders and cognitive disorders.

In addition, Ukraine also has a guardianship institute, which stipulates that a person who has reached the age of 80 is elderly, has poor health or has mental health problems, can conclude a contract with the person, which will prescribe the terms of guardianship.

How can you arrange guardianship of an elderly person?

To register guardianship over an elderly person, it is necessary to apply to the judicial authorities with a claim to declare the person incapable and to establish guardianship over him. In such cases, local courts of the 1st instance must involve the guardianship authority as an interested party.

When considering the case, the court will appoint a forensic psychiatric examination, the conclusion of which must confirm the fact of the person’s incapacity. That is, during this examination, professional doctors (as a rule, this is a commission of three people) conclude – whether a person is aware of the significance of his actions or not.

The court examines all the circumstances of the case and recognizes the person as incapable. This decision can be appealed within 1 month. After that, it enters into force.

What is the list of necessary documents for establishing guardianship over an elderly person?

When the court’s decision to recognize a person as incompetent has entered into legal force, a person who wishes to become a guardian must apply to the guardianship and guardianship authorities with the following documents, namely:

• written statement;
• an identity document;
• a document on income for the last 6 months or 1 year;
• a document on the absence of an outstanding criminal record;
• a medical certificate on the absence of drug and psychological dependence;
• a medical certificate confirming her full civil legal capacity;
• documents confirming family ties with the ward;
• documents confirming the existence of real estate;
• an act of recognition of a person’s incapacity (issued by the court) and others.

Do you need to establish guardianship over an elderly person? The “Prikhodko and Partners” law office will help you deal with this issue.

Our lawyers will advise you on all the intricacies of the procedure for establishing guardianship over a person, and help you collect a package of necessary documents, as we understand the peculiarities of legislation in the field of family law of Ukraine. Get in touch!