Head of family law practice

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

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Establishment of guardianship over an elderly person

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!

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Have you contacted guardianship or social services?

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Have you consulted other lawyers or attorneys?

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3 question

Are there grounds for declaring a person incapable?

Yes
No

4 question

Are you in Kyiv or Kyiv region?

Yes
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Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the 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of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights