Guardianship of disabled parents

Guardianship of disabled parents is an important aspect of social protection that requires detailed consideration and understanding.

This is a complex process that includes several stages regulated by the legislation of Ukraine.

In this article, we will consider the main steps of legal guardianship of disabled parents.

1. Preparatory stage

The first step is to determine the need for guardianship.

This can be due to various reasons, including:

• inability of parents to fulfill their duties independently due to physical or mental limitations;
• lack of other relatives who could take responsibility;

2. Collection of documents

After deciding on the need to establish guardianship, it is necessary to collect a package of documents, which includes:

• An application for the establishment of guardianship, which is submitted to the court by a person who wants to establish guardianship.
• A medical opinion on the state of health of the parents, confirming their incapacity or incapacity.
• Documents confirming family ties (birth certificates, marriage certificates, etc.).
• Characteristics of the guardian’s place of residence and work.
• A certificate of income of the potential guardian to confirm his financial capacity.

3. Submitting an application to the court

The collected documents together with the application are submitted to the local court at the place of residence of the parents or guardian.

The application must be signed by the applicant and contain justification for the need to establish guardianship.

4. Trial

After submitting the application, the court appoints the date of the meeting, at which the case on the establishment of guardianship is considered.

The applicant, parents (if their condition allows), witnesses and representatives of the guardianship and care authorities can be present at the court session. The court examines all submitted documents in detail, listens to the parties and renders a decision.

5. Making a decision

The court decision can be positive or negative.

In the case of a positive decision, the court issues an appropriate document establishing guardianship, which has legal force. This decision becomes the basis for further actions regarding the implementation of the guardian’s rights and obligations.

6. Drawing up the guardian’s documents

After receiving a court decision, a number of documents confirming the guardian’s status must be drawn up.

Such documents include:

• The guardian’s certificate issued by guardianship authorities.
• Documents for receiving social assistance, if provided for by law.
• Administrative documents regarding the management of parents’ property and finances.

7. Fulfillment of guardian’s duties

After completing all the necessary documents, the guardian begins to perform his duties.

He is obliged to provide proper care for parents, monitor their health, represent their interests in various institutions and organizations, as well as keep records and reports on the use of their financial resources.

8. Reporting to guardianship authorities

The guardian is obliged to regularly report to the guardianship and guardianship authorities on the performance of his duties. The report may include information on the health of the parents, the use of their funds, as well as on the fulfillment of other conditions determined by the court.

The procedure for establishing guardianship over disabled parents is a complex and multi-step process that requires careful preparation and a responsible approach.

It includes several stages, from the preparation of documents and submission of an application to the court, to the fulfillment of the guardian’s duties and reporting to the guardianship authorities.

It is important to remember that the purpose of this procedure is to ensure proper care and protection of the rights of incapacitated parents, so all actions should be aimed at achieving this goal.

Lawyers and attorneys of our company provide advice on the need to establish guardianship and explain the legal aspects of the procedure.

Assist in the collection and preparation of all necessary documents, including the application to the court, medical reports and other supporting documents, such as drafting and filing the application to the court in accordance with the requirements of the law, ensuring their legal correctness.

Prepares the client for the court session, explains the procedure and possible questions that may be asked in court.

Represent the client’s interests in court, speak at meetings, submit evidence and arguments in favor of establishing guardianship and ensure the correct registration and receipt of a court decision on the establishment of guardianship.

Lawyers and attorneys of the law firm Prikhodko and partners provide full legal assistance, support and consultations during the entire period of performance of the guardian’s duties and advise on reporting to guardianship and guardianship authorities, help to prepare reports and other necessary documents.