Registration of guardianship over a disabled child

Custodial care is an integral part of the protection of rights and the provision of social services to citizens in a state governed by the rule of law. This can be explained as follows.

The main task of guardianship and care is to ensure the personal non-property and property rights, and legal interests of children and adults who can exercise rights and fulfill corresponding duties due to their health condition. That is why the issue of establishing custody and care is always a relevant topic.

In this article, we will talk in detail about how to properly issue guardianship over a disabled child, while analyzing the current legal acts of Ukraine.

Who should be considered a disabled child?

From the analysis of Ukrainian legislation, we can conclude that a disabled child is a citizen who has not reached the age of 18, who has a persistent or chronic disease, injury, or congenital defect that directly affects his mental and physical development, limits normal life activities, and also needs to establish additional protection and assistance.

The causes of disability can be completely different.

So, for example, a person can have:

• violation of mental health (lack of critical thinking, logic in the sequence of actions, low intelligence);
• violation of language functions (impossibility to independently write, read, communicate in non-verbal language);
• impaired sense organs (sight, hearing, smell, tactile touch);
• disorders of the motor apparatus (normal functioning of the head, trunk, limbs);
• impaired functioning of the body (circulation, heart failure, lack of lung development, immunity).

Thus, Ukrainian legislation establishes the criteria for recognizing a person as a disabled child.

How can guardianship over a disabled child be arranged?

The Civil Code of Ukraine states that the guardianship of minor children who have been deprived of parental care can be established both by court order and by guardianship and guardianship authorities (Articles 60, 61 of the CCU).

Therefore, to register guardianship over a disabled child, you need to contact one of the relevant authorities with the following package of documents:

• a citizen’s statement that a person wishes to establish guardianship over a disabled child. In addition, a notification from state, and public organizations that a person wishes to establish guardianship may also be provided;
• a copy of the citizen’s birth certificate or any other document confirming the age of the citizen over whom guardianship is planned;
• a document confirming the fact of the survey of the living conditions of the citizen over whom custody is planned to be established and a description of his property;
• a document that shows the current state of health of the citizen, over whom it is planned to establish guardianship (for example, a certificate of the LKK on the degree of disability);
• a document showing the current state of health of the future guardian;
• a document on the actual place of residence or registration of the future guardian;
• a statement from the future guardian that he is ready to take on the responsibilities of guardianship;
• a document confirming the fact of an examination of the living conditions of the future guardian;
• the conclusion or conclusion of the guardianship and care authorities about the citizen’s ability to perform guardianship duties;
• a document from a medical institution stating that the future guardian’s family does not have any diseases that prevent the placement of the person for whom guardianship is planned;
• a document on securing a living space for the child.

If you have any questions regarding the guardianship of a disabled child, please contact the Prikhodko and Partners law office.

Our lawyers will always provide you with professional advice, in which you will receive answers to any problem in the field of family law in Ukraine. The result upon application is guaranteed!