Registration of guardianship over an elderly person

As a person reaches old age, she ceases to cope with simple household problems and proper care of herself and her property.

The reason for this can be such factors as the presence of serious diseases, disability, mental disorders, and many others. And that is why the issue of guardianship over her arises. What is the relevance of consideration of this topic?

In this article, we will talk about the peculiarities of registration of guardianship over an elderly person according to current Ukrainian legislation.

Guardianship and permanent care – what is the difference?

From the analysis of the provisions of the Civil Code of Ukraine, it can be seen that guardianship is established only for minors who have been deprived of parental care or are orphans, and natural persons who are incapacitated.

In turn, permanent care should be understood as a form of help and support provided to people who have limited opportunities or a health condition that requires constant supervision, help, and care in daily life needs. At the same time, such a person can be capable of action.

In addition, in most cases, care is provided by close relatives, and in addition to family members, permanent care can be provided by professional caretakers or specialists of a medical institution (under certain circumstances!).

Thus, continuing care is a broader concept than guardianship.

A person was declared incompetent – what are the legal consequences of this decision?

• If a person has been declared incompetent in a court of law, guardianship must be established over him;
• An incapacitated person cannot perform any acts on his behalf, as he is not aware of the consequences of his actions and deeds;
• Any transactions in the interests of an incapacitated person and on his behalf must be performed by the appointed guardian;
• If an incapacitated person has caused material or moral damage to other citizens, the responsibility for these actions will be borne by his appointed guardian.

How to arrange guardianship over an elderly person?

To begin with, you need to apply to the court to declare an elderly person incapacitated and in need of guardianship.

After you have “in your hands” the court decision declaring a person incapacitated and it has entered into force, since the period for appealing it has passed, you should contact the guardianship and guardianship authorities with a corresponding application to establish guardianship over an elderly person.

The following documents should be attached to the application, namely:

• identity documents – a copy of the passport of a citizen of Ukraine, both of the guardian and of the person over whom it is planned to establish guardianship;
• the decision of the judicial authorities in which the citizen is recognized as incapacitated;
• documents confirming the fact of family ties between the future guardian and the person over whom it is planned to establish guardianship. They are needed because guardianship is appointed mainly among close relatives of the citizen;
• a document from a medical institution about the guardian’s state of health and his full civil capacity;
• a document confirming the fact that the guardian has no criminal record;
• certificate of ownership of real estate.         

Is it possible to renew the civil legal capacity of an individual who was recognized as incapacitated?         

If a person has been recognized as incompetent and a guardianship has been established over him, the legislation of Ukraine provides an opportunity to renew his civil legal capacity.

To do this, it is necessary to apply to the court with an appropriate application and prove the fact that the person has recovered from his illness and his mental state has recovered, he can realize the meaning of his actions and consciously manage them.

If you have any questions regarding the registration of guardianship of an elderly person, please contact the Prikhodko and Partners law office.

Our team will provide you with all comprehensive answers during the consultation process, and if necessary, provide legal support in the case.