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Family law Establishment of guardianship over the property of an incapacitated person

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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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 property of an incapacitated person

Modern Ukrainian society faces many challenges today, one of which is the establishment of guardianship over the property of an incapacitated person.

This is because incapacity can arise due to the presence of serious diseases in the human body, mental disorders, or reaching a respectable age.

In addition, the full-scale invasion of the Russian Federation into Ukraine, which began on February 24, 2022, constantly keeps all citizens under excessive stress, which also directly affects the psyche of people in general and their capacity for action. That is why the topic of establishing guardianship is extremely relevant today.

In this article, we will consider in detail the important aspects of establishing guardianship over the property of an incapacitated person, taking into account current Ukrainian legislation.

How to establish guardianship over the property of an incapacitated person?

First of all, it should be noted that the judicial authorities at the request of the territorial bodies of guardianship and guardianship consider the issue of recognizing a person as incapable and establishing guardianship over him.

After the applicant (future guardian) has received a court decision “in hand”, which has entered into legal force and has not been appealed by anyone within 1 month, he must apply to local self-government bodies to establish guardianship over the property of an incapacitated person.

What documents should be submitted?

Guardian’s application to establish guardianship over the property of an incapacitated person;
Court decision on declaring a person incapable and establishing guardianship over him (appointment of a guardian);
Documents confirming the property ownership of an incapacitated person (for example, a certificate of ownership, inheritance, sales contract, etc.);
RNOCPP of a guardian and an incapacitated person;
passport of a citizen of Ukraine of a guardian and an incapacitated person.

How the property of an incapacitated person is managed?

From the analysis of the current provisions of the Civil Code of Ukraine, it can be seen that the guardian has duties regarding the careful storage and use of the ward’s (disabled person’s) property. However, the guardian must perform such duties only in the legitimate interests of his ward (Part 1 of Article 72 of the CCU).

In addition, the responsibilities of the guardian also include the independent implementation of expenses that are necessary to meet the needs of the ward at the expense of his income from both movable and immovable property (Part 3. Article 72 of the CCU).

For example, such expenses can be: buying food or necessary medicines, paying for services for the treatment of a person in health care institutions, paying for communal services renting residential real estate, etc.

If the person over whom guardianship is established owns immovable or movable property that requires constant management, the guardian exercises direct management over such property.

However, this requires written consent from the guardianship authority. The guardian also has the right to transfer the opportunity to manage such property to another person under the contract.

Importantly! If an incapacitated person owns immovable property located at a different location from his actual residence or stay, the custody of this property is established by the territorial body of guardianship and guardianship, where this property is directly located (Part 1 of Article 74 of the CCU).

If you want to establish guardianship over the property of an incapacitated person, then in this case you cannot do so without the qualified assistance of lawyers from the Prikhodko and Partners law firm.

Establishment of guardianship over the property of an incapacitated person

How to establish guardianship over the property of an incapacitated person?

What documents should be submitted?

How the property of an incapacitated person is managed?

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