Establishment of guardianship

How to establish guardianship in Ukraine? This question is quite often asked by citizens who wish to become guardians of minor children or persons recognized by the court as incompetent, but not every one of them knows how to do it in practice.

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

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

Where should I go to establish guardianship?

Guardianship in Ukraine is established by the court and the guardianship and guardianship bodies, which are established by the norms of the Civil Code of Ukraine.

Yes, it is necessary to apply to the court when a person is incapacitated (does not understand and is not aware of the consequences of his actions) or in case of limitation of his civil capacity. In addition, judicial authorities can also appoint guardianship over minors (Parts 1-3 of Article 60 of the CCU).

In turn, the authority of guardianship and guardianship bodies includes only the establishment of guardianship over minors (Part 1, Article 61 of the CCU).

What requirements exist in the legislation for persons wishing to be guardians?

• The guardian can only be a natural person who has full civil legal capacity (consciously manages his actions and actions, and is also aware of their consequences) – part 2 of Art. 63 Central Committee;
• The guardian must be appointed from the list of persons having family or family ties with the ward. At the same time, the relationship between the future guardian and the ward is taken into account, and the ability of the person to fulfill his duties as a guardian must be taken into account. Also, when appointing a guardian for a minor, her wishes regarding the determination of the future guardian are taken into account – Part 4 of Art. 63 Central Committee;
• A person who plans to become a guardian must give his consent in writing – Part 3 of Art. 63 of the CCU.

It is worth noting that one person can have several official guardians.

 Importantly! If guardianship is not established over a person and he is in a social protection institution, educational institution or health care institution, then this institution exercises guardianship over him.

Who cannot become a guardian?

Ukrainian legislation provides that guardians cannot be persons who:

• were deprived of parental rights and did not show a desire for their renewal;
• have behavior and interests that contradict the worldview of the person over whom guardianship is planned;
• are minor citizens (under the age of 18);
• are mentally ill or drug-addicted citizens, and are registered in a healthcare facility;
• are incapacitated or their civil capacity is limited (there must be a court decision confirming this fact);
• were guardians in the past, but due to their negligence and illegal actions, they were deprived of guardianship;
• have a criminal record for committing a serious crime (punishment for which is imprisonment for no more than 10 years or a fine of no more than 25,000 NMDG).

Which duties must be performed by the guardian?

• To ensure the creation of proper living conditions for his ward, to take good care of him, to provide the necessary medicines and care;
• If a guardian is appointed for a minor, he must deal with his proper upbringing, physical and spiritual development, as well as productive training;
• If relatives or loved ones keep the custodial guardian illegally or without his consent, to demand his return;
• Carry out transactions on behalf and in the interests of the ward – for example, conclude contracts and write statements to the relevant authorities, etc.;
• To protect the rights and interests of his ward in the courts and other state authorities;
• Keep the ward’s property and use it carefully.

If you want to quickly establish guardianship over a person, then you need to contact the “Prikhodko and Partners” law office. Our experienced specialists have a thorough knowledge of the civil law of Ukraine, which allows them to provide clients with only high-quality legal assistance.

In addition, we always work for the result. So don’t delay and come to us for a consultation!