Registration of guardianship over a disabled person of the 2nd group

Guardianship of a disabled person in the 2nd group is a topical topic in Ukraine. This is because the damage that was caused in connection with active military operations in the country is one of the factors that complicate life for persons with disabilities.

For example, such persons cannot independently evacuate to the nearest bomb shelter, as they are inaccessible to low-mobility population groups, leave for a safer place or, saving their lives, leave the territory of Ukraine.

That is why in this article we will talk about the legal features of the registration of guardianship over a disabled person of the 2nd group while analyzing Ukrainian legislation.

What types of disabilities exist in Ukraine?

Today, in Ukraine, the following types of disability are distinguished, which determine the degree of persistent disorder of body functions caused by a serious illness or injury, namely:

• 1 group– includes those citizens who have the most severe state of health and in this regard do not have the physical ability to self-care, perform elementary household functions, and therefore need to establish constant self-care;
• 2nd group– refers to those citizens who have persistent or chronic disorders in the body that arose as a result of illness or injury. However, a person in this group may already be capable of self-care, work in special conditions, and not need outside care;
• 3 group– refers to those citizens who have moderate disorders of the functioning of the body, these can be defects that arose in a person from birth (absence of one lung, etc.). That is, a person can work in easier conditions but needs to establish social protection.

This topic concerns disabled people in the 2nd group, so we will talk about them later.

Where to apply for registration of guardianship over a disabled person of the 2nd group?

The provisions of the Civil Code of Ukraine provide that guardianship in our country is established either by the court or by guardianship and guardianship authorities.

The court has the right to establish guardianship over incapacitated natural persons and minors (who have not reached the age of 14, have been deprived of parental care or have become orphans) – Part 1, Article 3. 60 Central Committee.

Guardianship and guardianship bodies establish guardianship only over minors – part 1 of Art. 61 of the CCU.

Thus, to issue guardianship over a disabled person of the 2nd group, it will be necessary to contact the judicial authorities.

What documents should be submitted?

• An application in which you need to indicate the desire why you want to become a guardian for this person;
• Identity document – a passport of a citizen of Ukraine (required both for the guardian and for the person over whom it is planned to establish guardianship);
• A certificate from a health care institution, from which it can be seen that the future guardian has good health and can fulfill his duties as a guardian;
• A certificate from a health care institution (LCK or MSEK) from which it can be seen that the citizen has a disability of group 2 and needs to establish guardianship over himself;
• A document regarding the registration of your actual residence;
• Documents regarding ownership of property or the right to use it.

Importantly! In addition to the above-mentioned package of documents, the court may also require other documents that will be necessary to establish guardianship over a person with a disability of the 2nd group.

Do you need to issue guardianship over a disabled person in the 2nd group?

The “Prikhodko and Partners” law office will help solve this problem.

Our experts are constantly monitoring the latest changes to Ukrainian legislation, various ones are taking place in webinars and courses to improve your practical skills and knowledge in the field of family law, and therefore they guarantee a result when you apply. Do not delay and come for a consultation!