Sulyk Roman

Head of family law practice

E-mail

sulyk@prikhodko.com.ua

Phone numbers

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

Q: What is guardianship and in what cases is it established?

Guardianship is a legal form of protection of the rights and interests of persons who cannot independently exercise their rights due to age or health condition. Most often, guardianship is established over children left without parental care, or over adults with disabilities who are recognized as incapable. The guardian receives the right to represent the interests of the ward, make decisions for him and provide proper care.

Q: Who can become a guardian and what are the requirements for candidates?

A guardian can be an adult capable person who has a positive reputation, has no convictions for serious crimes and is able to provide proper living conditions for the ward. Preference is given to relatives of the child or persons with whom the child already has an emotional connection. The candidate undergoes a mandatory check by the children’s affairs service (or guardianship authorities) and must provide a package of documents.

Q: What rights and obligations does a guardian have?

The guardian has the right to represent the interests of the ward in all instances, to dispose of his property (with the permission of the guardianship authority), to provide education, medical care and social adaptation. At the same time, he is obliged to report annually on the use of the property and living conditions of the ward, as well as to notify the guardianship authorities about any changes in the life of a child or an incapacitated person.

Q: Is it possible to terminate guardianship and how to do it?

Yes, guardianship can be terminated for several reasons: the child reaches the age of majority, the restoration of the ward’s legal capacity, the death of the guardian or ward, as well as at the guardian’s own request or by the decision of the court/guardianship authority in case of improper performance of duties. To terminate guardianship, it is necessary to submit an appropriate application to the guardianship authority or go to court, depending on the situation.

This question is often asked by citizens who want to be caregivers of young children or persons recognized by the court as incapacitated, but not all of them know how to do it in practice.

In addition, as a result of active hostilities in the country, children lost their parents, many people acquired persistent mental disorders that directly affect the understanding of their actions, and therefore the topic of establishing guardianship is too relevant today.

Also, the issue of mobilization and deferment for people who take care of them is very relevant.

According to the law, there are a number of requirements for individuals who wish to become trustees and care for incapacitated persons.

First of all, it can only be an individual who has full civil capacity, that is, he is able to consciously manage his actions and assess their consequences. This is determined by part two of Article 63 of the Civil Code of Ukraine.

The candidate is chosen from among persons who have family or family ties with the ward. The relationship between the candidate and the candidate is of great importance.

Also, the candidate’s ability to perform the functions of caring for a person who has been recognized as incapacitated must be taken into account.

In this article, we will consider the peculiarities of establishing guardianship under Ukrainian law.

Where to go for registration?

In Ukraine, guardianship is established by the court or guardianship and guardianship authorities, as provided for by the provisions of the Civil Code of Ukraine. The court should be applied in cases where a person is recognized as incapacitated (does not realize his/her actions and their consequences) or if his/her civil capacity is limited.

Important! If a person is not under guardianship and he/she is in a social protection institution, educational institution or health care institutions, then the guardianship over him/her is carried out by this institution.

As for persons who cannot be candidates, the legislation of Ukraine defines several categories of such citizens:

Persons deprived of parental rights who do not demonstrate a desire to restore them.
People whose behavior or interests are contrary to the worldview.
Minors (under 18 years of age).
Persons with mental disorders or drug addiction who are on the appropriate medical register.
Citizens recognized as incapacitated or with limited civil legal capacity (by court decision).
People who used to be guardians, but lost this status due to negligence or illegal actions.
Persons who have a criminal record for a serious crime punishable by up to 10 years in prison or a fine of up to 25,000 taxable income.

It will also be useful: A guardianship lawyer

A candidate’s responsibilities include the following key aspects:

Providing appropriate living conditions for the ward, taking care of his well-being, providing the necessary medicines and organizing care.
In the case when a guardian is assigned to a minor, it is necessary to ensure his/her high-quality upbringing, physical and spiritual development and proper education.
If the ward is illegally detained by relatives or other persons without his/her consent, the guardian is obliged to demand his/her return to the established legal place of stay.
Execution of transactions on behalf of the ward, which may include concluding contracts or submitting applications to the relevant state authorities.
Protection of the rights and interests of the ward in judicial or other state institutions.
Careful preservation and use of the ward’s property.

If you plan to quickly establish guardianship over a person, we recommend contacting Prikhodko & Partners Law Office.

Our experienced specialists have deep professional knowledge in the field of civil law of Ukraine, which allows us to provide clients with high-quality legal assistance.

We are always focused on achieving results. Don’t waste time — contact us for advice!

Calculate the cost of services

1 question

Have you contacted guardianship or social services?

Yes

2 question

Have you consulted other lawyers or attorneys?

Yes

3 question

Are there grounds for declaring a person incapable?

Yes

4 question

Are you in Kyiv or Kyiv region?

Yes

Frequently asked questions for the topic:

What is guardianship and in what cases is it established?

Guardianship is a legal form of protection of the rights and interests of persons who cannot independently exercise their rights due to age or health condition.

Most often, guardianship is established over children left without parental care, or over adults with disabilities who are recognized as incapable.

The guardian receives the right to represent the interests of the ward, make decisions for him and provide proper care.

Who can become a guardian and what are the requirements for candidates?

A guardian can be an adult capable person who has a positive reputation, has no convictions for serious crimes and is able to provide proper living conditions for the ward.

Preference is given to relatives of the child or persons with whom the child already has an emotional connection.

The candidate undergoes a mandatory check by the children’s affairs service (or guardianship authorities) and must provide a package of documents.

What documents are required to apply for guardianship?

The main list of documents for establishing guardianship includes:

Statement of desire to become a guardian;
Passport and identification code;
Medical documentation of the person over whom it is planned to establish guardianship;
Documents confirming the financial status of the potential guardian;
Characteristics from the place of work or residence;
Documents confirming family ties (if any);
Conclusion on the expediency of appointment as a guardian;
A court decision on the recognition of a person as incapacitated.

What rights and obligations does a guardian have?

The guardian has the right to represent the interests of the ward in all instances, to dispose of his property (with the permission of the guardianship authority), to provide education, medical care and social adaptation.

At the same time, he is obliged to report annually on the use of the property and living conditions of the ward, as well as to notify the guardianship authorities about any changes in the life of a child or an incapacitated person.

Is it possible to terminate guardianship and how to do it?

Yes, guardianship can be terminated for several reasons:

the child reaches the age of majority,
the restoration of the ward’s legal capacity,
the death of the guardian or ward,
as well as at the guardian’s own request or by the decision of the court/guardianship authority in case of improper performance of duties.

To terminate guardianship, it is necessary to submit an appropriate application to the guardianship authority or go to court, depending on the situation.

Successful cases on the topic: