Guardianship over parents as a basis for postponement

In the conditions of martial law in Ukraine, the issue of mobilization and obtaining a deferment from it remains relevant for many citizens.

One of the grounds for postponement may be the establishment of guardianship.

Unfortunately, in our practice, we often encounter confusion between the concepts of guardianship and caring for a person who needs help.

To help you clearly distinguish between these two concepts, let’s look at their main differences:

First, guardianship, in contrast to the registration of care, is established only over incapacitated persons.

It is important to note that an incapacitated person is a person who cannot realize the meaning of his actions and is unable to control them. That is, such a person has certain chronic mental disorders. The incapacity of a person is established by the court, this is due to the fact that recognizing a person as incapacitated is a serious legal step.

Secondly, caring for a person is established exclusively by court order, in turn care is a social service that is not related to court proceedings.

So:

• Guardianship is a stricter legal construct that involves the judicial appointment of a guardian and imposes certain responsibilities on him.
• Caring for a person is a more flexible form of care and does not require court registration.

But there is an important common feature of these concepts: both guardianship and the establishment of the fact of providing care are grounds for postponement.

The process of recognizing a person as incapable and establishing guardianship over him consists of several stages, in particular:

• Filing a claim: A claim for recognition of incapacity and establishment of guardianship is submitted to the court at the place of residence of the incapacitated person.
• Collection of documents: A number of documents must be attached to the claim, including:
  1. Medical documentation on the state of health of an incapacitated person;
  2. Conclusion of psychiatric examination;
  3. Documents confirming the identity of the applicant;
  4. Documents confirming the applicant’s family relationship with the disabled person (if available).
• Consideration of the case in court: The court considers the statement of claim, examines the case materials, interrogates witnesses, and sometimes involves experts. Based on the results of the review, the court renders a decision to declare the person incapable and establish guardianship over him.
• Appointment of guardian: Any able-bodied natural person may be appointed guardian, with the exception of parents of an incapacitated person, if they are deprived of parental rights, as well as persons with convictions for serious crimes.

Additional aspects:

• The guardian is responsible for the life and health of an incapacitated person, protects his rights and interests, disposes of his property.
• The guardian is obliged to report on his activities to the guardianship and guardianship authorities.
• Guardianship can be canceled by the court if the grounds for its establishment disappear.

Importance of legal aid:

Establishing guardianship over incapacitated persons is a complex legal process that requires knowledge of legislation and the ability to correctly draw up all the necessary documents.

Therefore, it is recommended to seek the help of a qualified lawyer who will help you find out all the nuances, prepare the documents correctly and represent your interests in court.

The legal company “Prikhodko and Partners” has many years of experience in successfully conducting guardianship cases, and is ready to provide you with qualified legal assistance at all stages of this process:

• Advice: Our specialists will analyze your situation in detail, explain all the legal nuances, help determine the optimal strategy of action and answer all your questions.
• Collection of documents: The company’s lawyers will help you collect all the necessary documents, including medical certificates, examination reports, statements, etc.
• Representation in court: Experienced lawyers of “Prikhodko and partners” will represent your interests in court, protecting your rights and seeking a fair decision.
• Registration of guardianship: After the court’s decision to recognize a person as incompetent and establish guardianship, our lawyers will help you correctly draw up all the necessary documents for appointing you as a guardian.

Contact the law firm “Prikhodko and Partners” right now to get qualified legal assistance and start the process of registering a guardianship over an incapacitated person.