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Family law Permanent care for an elderly person. Postponement

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.

Permanent care for an elderly person. Postponement

The issue of permanent care for the elderly is traditionally socially sensitive and legally complex.

During martial law, this topic becomes especially relevant, because caring for an incapacitated relative can be the basis for granting a deferment from mobilization.

However, the application of such a rule requires a clear understanding of the criteria for disability, the procedure for documentary confirmation and the scope of duties of the caregiver.

Legal status of a person in need of constant care

The legislation distinguishes several categories of citizens who can be considered to need outside help:

persons need constant care according to the conclusion of the medical and social expert commission;
persons need constant care according to the conclusion of the medical and social expert commission of the LCC;
permanent care according to the decision of ECOPFO.

The very fact of old age does not always automatically indicate the need for care. The key is the medical report of the relevant institution, which certifies that a person cannot move independently, cook food, take medication or perform other basic actions.

Grounds for obtaining a deferment

A deferment is possible provided that:

An elderly person really needs constant care, which is confirmed by an official medical document.
The caregiver actually resides or is constantly nearby, providing daily assistance.
There are no other relatives if the father-in-law or mother-in-law is cared for.
Documents confirming the provision of care have been drawn up: an act on establishing the fact of care or on the appointment of compensation.

Registration procedure

The process usually includes several stages:

Obtaining a medical report that a person cannot take care of himself/herself.
Application to the executive authorities to establish the fact of care. If necessary, a survey of housing conditions is carried out.
Submission of documents for deferment through the Administrative Service Center: medical report, confirmation of family ties, RNOKPP of a relative, documents on actual care.
Deciding on a postponement. It can be both positive and negative if there is a discrepancy in the documents.

It will also be useful: REGISTRATION OF PERMANENT CARE – 2025

Problematic aspects and practical nuances

Situations often arise when social services are in no hurry to establish the fact of care, offering alternative options — registration of compensation or refusal due to the presence of a disability group and incorrect interpretation of the law.

However, the law does not oblige the family to agree to such offers: the right to care for themselves is unconditional.

Moreover, court practice confirms that it is the actual daily care of a relative that takes precedence over formal alternatives, if it meets the interests of an elderly person.

It should also be borne in mind that the CCC analyzes not only the documents, but also the real situation: cohabitation, stability of care, as well as whether the provision of assistance can be carried out without the constant presence of a caregiver.

Sometimes commissions ask for additional confirmations:

checks for medicines,
statements about ambulance calls,
certificates of receipt of social services.

Therefore, preparing a package of evidence in advance significantly increases the chances of a positive outcome.

Additional analytical aspect

Special attention should be paid to the issue of responsibility for incorrect registration or submission of inaccurate data.

Under martial law, control over the grounds for postponement has been strengthened, so any inaccuracies can lead not only to refusal, but also to inspection by social security authorities and law enforcement agencies.

At the same time, citizens have the right to appeal against the decision of the CCC in court, and practice shows that if there is proper evidence, the courts often take the side of the applicants.

This emphasizes the importance of careful preparation of documents and recording each stage of care — from medical reports to confirmation of the actual residence and maintenance costs of an elderly person.

Permanent care for an elderly person. Postponement

Grounds for obtaining a deferment

Registration procedure

Problematic aspects and practical nuances

Additional analytical aspect

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