Procedure for establishing guardianship

Establishing guardianship in Ukraine is becoming an increasingly popular service every year. This can be explained as follows.

Guardianship in Ukraine provides several advantages, namely: compensation from the state for providing the services of a guardian, the opportunity to provide official care and assistance for one’s relatives, postponement of mobilization (if the person over whom the guardianship is established is a disabled person of the 1st or 2nd group), etc.

However, not every citizen in practice knows the intricacies of establishing guardianship in Ukraine. This shows the relevance of consideration of this topic.

And therefore, in this article, we will talk about the procedure for establishing guardianship, while analyzing the provisions of the current legislation.

Guardianship – over whom can it be established?

The provisions of the Civil Code of Ukraine provide that guardianship is established over persons who are legally recognized as incompetent and minors (who have not reached the age of 14 and have been deprived of parental care or are orphans) – Part 1 of Art. 58 Central Committee.

What is the procedure for establishing guardianship?

First of all, it should be noted that today there are 2 procedures for establishing guardianship, which are defined in the legislation, namely:

• Establishment of guardianship by guardianship and guardianship authorities– is used if a minor who has been deprived of parental care or is an orphan needs guardianship (Part 1 of Article 61 of the CCU).

If a person applies to the body of guardianship and guardianship to establish guardianship, the latter has the right to control the conditions for proper upbringing, full maintenance, and education of the child over whom guardianship is established.

In addition, when appointing a guardian for a child, the personal qualities of the citizen, his worldview, which should not contradict the views of the child, the relationship between the guardian and the child, as well as the wishes of the latter, must be taken into account;

• Establishment of guardianship by the court at the request of guardianship and guardianship authorities –is used if guardianship must be established over an incapacitated person (who cannot understand the consequences of his actions and consciously manage them) – Part 1 of Art. 60 Central Committee.

If guardianship is established by court order, in this case, it is mandatory to appoint a forensic psychiatric examination, which must determine whether there are reasons for the person’s incapacity and whether they can be cured in the future.

Cases on the establishment of guardianship in court are considered as part of a separate proceeding, and therefore the participation of the applicant, the citizen over whom guardianship is established, and interested parties is mandatory.

Importantly! In Ukraine, the bodies of guardianship and guardianship are district state administrations and executive bodies of city and village councils (Part 1, Article 56 of the CCU).

If you are not familiar with the procedure for establishing guardianship in Ukraine and are planning to issue it for someone close to you, then in this case, the best solution for solving this situation in practice will be to contact the Prikhodko and Partners law office.

Our lawyers will provide you with high-quality advice on all issues that will arise during future cooperation, as they have many years of experience in the field of family law. Get in touch!