Establishment of guardianship over the mother

Reaching an elderly person usually has certain consequences for him, namely: a change in the physical state of his health greater manifestations of his defects, and problems in the mental development of a person, which lead to the impossibility of self-care.

In such a case, the best way out of the situation will be to establish guardianship over the person, because official registration guarantees the provision of decent living conditions and protection of interests.

In addition, many children want to establish guardianship over their mother but do not know all the practical nuances of implementing this process in life, which makes consideration of this topic extremely relevant.

That is why in this article we will talk about the peculiarities of establishing guardianship over the mother while analyzing the provisions of the current legislation of Ukraine.

Custody and care – what is the difference?

First of all, it should be noted that the main difference between custody and care is established by the Civil Code of Ukraine.

He notes that guardianship should be understood as a form of protection of the personal and property rights of citizens who, due to life circumstances, cannot manage and exercise their rights independently. It is established for minors (under the age of 14) and incapacitated citizens.

Care is also a form of protection of personal non-property and property rights of citizens, however, it is established for minors (aged 14 to 18) and citizens whose civil capacity is limited.

Thus, if a person plans to take care of his mother, he needs to register guardianship, not guardianship.

Who can establish guardianship over the mother?

The following persons have the right to apply to the court to declare a person incapacitated and register a guardianship for him:

• close relatives who live together with their mother – for example, son, daughter;
• husband, sister, brother, or parents of the person who needs guardianship – in this case, the place of registration is not important;
• local bodies of guardianship and care;
• medical institutions in which a person is being treated – for example, psychiatric health care institutions.

How to get compensation from the state for establishing guardianship over the mother?      

The Civil Code of Ukraine establishes that the guardian has the right to payment for his services from the state. The amount of such payments and the order of their payment are established by the Cabinet of Ministers of Ukraine (Part 1 of Article 73 of the CCU).

Therefore, to receive compensation from the state, the guardian must apply to the district state administration at the place of registration with an application and the following package of documents:

• an identity document for the guardian and the mother – a passport of a citizen of Ukraine;
• a document on registration in the DRFO;
• reference to the act of examination of the medical expert commission (if there is a disability);
• a court decision to declare a person incapable;
• court decision on the appointment of a guardian.

If you want to establish guardianship over your mother, in this case, contact the Prikhodko and Partners law firm.

Our team is always ready to help solve all your legal problems because we have practical experience in all branches of Ukrainian law. So don’t delay and contact us!