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.
Establishment of guardianship over the mother
In a situation where a mother loses the ability to care for herself, the question arises of establishing guardianship – a formal legal form of care that allows another person (usually a close relative) to make decisions related to the treatment, finances, and daily affairs of the person being cared for.
In this article, we will look at how to obtain custody of a mother, who has the right to be a guardian, what documents are required, and what legal consequences such a procedure carries.

What is guardianship of an adult?
Ukrainian legislation distinguishes between guardianship over minors and guardianship (guardianship) over adults who have lost their legal capacity in full or in part.
According to the Civil Code of Ukraine:
- Guardianship is established over an adult who has been declared legally incompetent;
- Such a person does not have the right to independently conclude transactions, conduct business affairs, or dispose of property;
- All decisions are made for her by a guardian appointed by the guardianship and trusteeship body.
When does the need for maternal care arise?
Usually, the initiative to establish custody comes from children or other close relatives when the mother:
- Is suffering from dementia, Alzheimer’s disease, or a mental disorder;
- Has a severe disability that prevents her from taking care of herself;
- Found in a situation where her life or property is in danger due to loss of memory or ability to think critically.
Importantly: Physical incapacity does not mean legal incapacity.
Guardianship can only be established after a court decision declaring a person incapacitated.
Stages of establishing custody of the mother
The procedure for obtaining guardianship includes several key stages:
- Filing a lawsuit in court
A person who wishes to become a guardian applies to the court with a lawsuit to declare the mother incompetent.
The following shall be attached to the application:
- Medical documentation;
- Copy of the applicant’s passport;
- Documents confirming family relationships;
- Evidence of loss of ability to self-care (medical certificates, examination reports, etc.).
- Medical examination
A mandatory step is for the mother to undergo a medical and psychiatric examination. It is carried out specialized healthcare institution.
The purpose of the examination is to determine whether there are grounds to consider the person mentally incompetent. The conclusion of the medical commission is crucial in the subsequent legal case.
- Appointment of a guardian
After the court’s decision on incapacity, the guardianship and trusteeship body decides on the appointment of a guardian.
To do this, you need to submit:
- Application for the appointment of a guardian;
- Autobiography;
- Medical certificate about health status;
- Characteristics of the place of residence;
- Certificate of no criminal record.
The guardianship authority conducts an inspection of the applicant’s living conditions and draws up a corresponding act.
As a result, a decision is issued to appoint a guardian, and only after that does the person acquire the legal right to represent the mother’s interests.
What powers does a guardian have?
A guardian has a wide range of rights and obligations provided for by the Civil Code of Ukraine.
In particular:
- Makes decisions regarding the mother’s treatment, place of residence, and lifestyle;
- Disposes of property only with the permission of the guardianship authority, if it concerns significant transactions (sale, donation, etc.);
- Must act solely in the interests of the ward, not for his own benefit.
Can I give up custody?
Yes, a guardian has the right to refuse to perform his or her duties, but only after the guardianship authority appoints another responsible person. An incapacitated person cannot be left without a new guardian.
A guardian may also be removed from his duties by court decision if he is found to have performed his functions in bad faith or violated the rights of the ward.
What risks are there?
Without formal guardianship, you will not be able to:
- Represent the mother’s interests in hospitals, social institutions, and courts;
- Conduct property affairs (sale of an apartment, payment of utility bills, etc.);
- Arrange social benefits or care for the mother;
- Provide adequate legal protection in the event of fraud or abuse by third parties.
Therefore, registering custody of a mother in Ukraine is an important legal procedure that allows for proper care, legal protection, and social support to a person in need.
It requires time, documentary evidence, and a competent legal approach. That is why it is important to start the guardianship procedure on time and involve a lawyer to properly prepare all the documents.
The law firm “Prikhodko and Partners” provides full support for procedures related to establishing guardianship over adults: consultations on medical, social and legal aspects; drafting claims and preparing documents for the court; representation in court and before guardianship authorities; protection of the rights of guardians in disputed situations.
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