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Registration of guardianship over a disabled person of the 1st group

The topic of establishing guardianship is becoming more and more popular every year. This is explained by the fact that the number of people who have various degrees of disability and need to establish guardianship over themselves is increasing in the country.

This is influenced by various factors, namely: the demographic crisis in the country, the increase in the elderly population, the full-scale invasion of Ukraine by the Russian Federation, excessive stress, bad ecology in the country, etc.

Therefore, in this article, we will talk about how guardianship of a group 1 disabled person can be established while analyzing the current legal acts of Ukraine.

What is required to issue guardianship over a disabled person of the 1st group?

First of all, it should be noted that guardianship is established only for minors (who have not reached the age of 14), who have been deprived of parental care or have become orphans, as well as for incapacitated persons.

If it is necessary to establish guardianship over a disabled person of the 1st group, then such a person is first recognized as incompetent in a court of law, and then a guardian is appointed to him.

It is necessary to apply for the appropriate application for the establishment of guardianship at the place of registration of the person who needs guardianship, or at the place of actual residence of the future guardian.

Importantly! It is not necessary to pay a court fee in the categories of cases concerning the establishment of guardianship over a person since these costs are paid from state funds.

Who cannot be a guardian for a person with a disability in group 1?

  • If the citizen has not reached the age of majority (18 years);
  • If a citizen does not have full civil legal capacity, because there is a court decision that recognizes him as incompetent or with limited legal capacity;
  • If the worldview and behavior of the guardian contradict the interests of the person who needs to establish guardianship over himself;
  • If a citizen has an alcohol, drug, gambling, or any other addiction and is being treated in the relevant healthcare facilities;
  • If the citizen was previously convicted of a serious crime;
  • If the citizen was already a guardian earlier and due to his negligence, the guardianship was terminated.

How can legal aid professionals help?

  • Analyze in detail the situation that arose in practice;
  • Advise the client on the algorithm of all necessary actions to obtain the desired result;
  • Compile the necessary package of documents for applying to the judicial authorities, the body of guardianship and guardianship;
  • Analyze current changes to legislation and constantly integrate them into the case;
  • Full legal support of the case and communication with state authorities.

Thus, when applying to the Prikhodko and Partners law office, you will receive only high-quality legal assistance, which will significantly speed up the establishment of guardianship over a group 1 disabled person.

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Advocate - expert in family practice

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