Head of family law practice
An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.
REGISTRATION OF PERMANENT CARE – 2025
What is continuing care?
Permanent care is a social service that involves the systematic and permanent provision of a person with all the necessary services to maintain his life.
Such assistance is necessary for persons who, due to health, age or other circumstances, cannot independently perform basic life functions, such as self-care, nutrition, movement, medical care, social interactions.
Continuing care can include help at home, care in specialized facilities, and the provision of professional health services.
The need for constant care arises in situations where a person’s physical or mental capabilities are limited to such an extent that he needs outside help for everyday life.
This may be due to old age, chronic or acute illness, disability or other special circumstances. Continuous care implies that such care is provided systematically and continuously, as the need for it is not temporary or short-term.
The legislation clearly defines the procedure for registration of permanent care and the rights of both parties – the one who receives care and the one who provides it.
This provides legal protection and opportunities to receive assistance on a formal basis with appropriate support from the state, including financial compensation for care, and may also provide the right to leave to other foreign countries caretaker along with a citizen, over how named after he provides care and respite.
For whom can permanent care be arranged?
You can arrange permanent care for citizens, who for objective reasons are unable to take care of themselves and need constant help from another person.
The legislation provides for several main categories of citizens for whom care can be issued:
- Elderly people (age pensioners). Older adults are often unable to perform daily tasks independently due to physical limitations, chronic illnesses, or other age-related problems. Elderly people often need help with eating, personal hygiene, mobility, and regular medical care.
- Persons with disabilities. Permanent care can be arranged for persons who have one of the forms of disability (physical, mental, sensory or mental), which makes it impossible for them to live independently. Such care involves assistance in moving, performing daily tasks, providing medical and social support.
- Persons with chronic diseases. Patients suffering from chronic diseases often need constant medical care, care and support in everyday life. Such diseases may include cardiovascular diseases, oncological diseases, kidney diseases and other chronic conditions that significantly complicate or make independent living impossible.
- Persons with mental illnesses. Permanent care can be arranged for people who suffer from mental disorders or developmental disorders that prevent them from adequately assessing reality and independently ensuring their safety and livelihood. This category of persons often needs specialized care and psychological help.
Who can be a caretaker?
Permanent care for a person can be provided by different categories of persons, depending on the situation and needs. Legislation provides clear requirements for persons who can perform the functions of caretaker.
Such persons include:
- Relatives. The most common caregivers are close relatives of the person who needs help: children, grandchildren, brothers, sisters or other family members. Care by relatives can be formalized as official, which involves the payment of social assistance by the state. It is important that relatives must be able and willing to provide the appropriate level of care.
- Medical workers. For people who have serious chronic diseases or are in a critical condition, care can be provided by specially trained medical professionals. They can provide medical assistance, carry out the necessary procedures and monitor the patient’s health. Such workers specialize in providing ongoing assistance to people with special needs.
Thus, permanent care is an important component of the social protection system, which allows to ensure an adequate standard of living for persons in need of external assistance. Legislation establishes clear criteria for determining who has the right to care, as well as for those who can provide it, which allows to protect the rights and interests of both parties.
Establishing permanent care is not only a matter of social responsibility, but also an important legal aspect that guarantees support from the state in the form of social benefits and other assistance.
Relatives, other natural persons or professional caretaker can perform caregiving functions, but this requires appropriate conditions and, in many cases, formalization. In any case, the proper organization of permanent care contributes to the improvement of the quality of life of persons who cannot fully provide for their living needs on their own, which is an important step in ensuring their well-being.
A careful study of the legislation and an appeal to qualified lawyers of the Prikhodko and Partners Law Firm will help you to correctly arrange care, which will be a guarantee of receiving all the necessary support.
What is required for registration of permanent care? How is permanent care arranged?
Establishing permanent care is an important process that requires attention to detail and adherence to certain procedures.
Here are the main steps and documents you may need:
- Assessment of the need for care
- Medical documentation: you need to get a doctor’s opinion about your health citizen needs care It can be a disability certificate or other documents, that properly confirm the need for constant care.
- Collection of documents
- Documents a citizen who needs care: passport or ID card ,RNOCPP, medical conclusions.
- Caretaker’s documents: passport or ID card, income certificate (if any), birth certificate and other documents confirming the existence of families them communications, evidence of cohabitation with a citizen, which needs care
- Forming and submitting an application
- Usually, the application is submitted to the social security authorities or other relevant institutions. The application indicates the reasons for registration of permanent care and brief information about citizen that needs help.
- Depending on the state of health, it may be necessary to conduct a commission that will determine the required level of social support or medical assistance.
Why can they refuse permanent care?
Refusal to register for permanent personal care can be motivated by various factors, here are some of the main reasons:
- Absence of medical indications: one of the most common reasons is the insufficiency of medical indications for the appointment of permanent care. If the person does not have a serious physical or mental illness that requires round-the-clock care, the application may be rejected.
- Incorrect processing of documents: refusal can often be the result of submitting an incomplete list of documents. This may refer to medical reports, income declarations or other necessary papers.
- Financial criteria: if the main purpose of registration of permanent care is same receiving monetary compensation for the caretaker, the payment may be refused in connection with the excess of the total income of the family members of such a person over the subsistence minimum
Permanent care as a basis for deferment
Continuing care as a basis for deferment
The issue of postponing mobilization measures in Ukraine has become especially urgent. In order for a caregiver to receive a deferment for the provision of ongoing care, he or she must have a certain degree of kinship with the person in need of care. Usually these are relatives of the first, second and third degrees of consanguinity.
The reasons for ordering such care are:
By relatives of the 1st degree of kinship:
- disability of the first or second group
- the presence of a need for care (for example, a conclusion of the LCC)
According to relatives of the 2nd and 3rd degree of kinship:
- disability of the first or second group
It is important to note that in order to receive a deferment on this basis, it is necessary to provide relevant documents that confirm the fact of continuous care.
These can be:
- Documents duly confirming the presence of family ties between the caregiver and the citizen who needs to establish permanent care;
- Certificate of disability of the citizen being cared for;
- Documents duly confirming the age of the citizen being cared for (must be provided if the reason is to care for a citizen who has reached the age of 65);
- A document confirming the fact of providing permanent care (for example: an act of establishing the fact of providing care, a decision of a guardianship authority).
Continuous care for crossing the border
During martial law, all conscript men are restricted from traveling to other foreign countries. But, the implementation of permanent care may be the basis for obtaining permission to cross the border.
To cross the state border on this based on provide the following documents, namely:
- Foreign passports;
- Documents that properly confirm family ties with a citizen, for how named aftercare is provided;
- Certificate of MSEK on disability citizen, for how named aftercare is provided (if applicable);
- Pension certificate, if the person has disabled person;
- A document that properly confirms the existence of needs and citizen in care (Conclusion of the medical advisory commission);
- A document confirming the fact of providing permanent care – the act of establishing the fact of providing care.
It is important to note that even in the presence of all the necessary documents, the decision on permission to cross the border is made individually in each situation in practice.
Where to apply for registration of permanent care?
The process of applying for permanent care can seem complicated, but with the right approach and knowledge of the process, it becomes quite feasible.
Here is a step-by-step algorithm of actions:
- Contact your local social security agency. It can be the social welfare office in your district or the united territorial community.
- Prepare the necessary documents.
- Apply for permanent care compensation. The application form can be obtained from the social protection body.
- Be ready to receive a commission with a certificate of inspection of housing conditions at your home.
- Wait for the decision. The social protection body will consider your application and make a decision on awarding compensation or denying it.
- In case of a positive decision, you will be assigned compensation for the provision of ongoing care.
It is important to note that the procedure may vary depending on the specific situation and region. For example, if it is about registration of guardianship over a person with a disability of group I, it will be necessary to contact the body of guardianship and guardianship.
Is it possible to arrange permanent care for a non-relative?
To arrange care for the person with whom you are absent and family ties are possible only on a professional basis. Such care is formalized according to decree of CMU No. 430 of June 1, 2020.
People who have the appropriate education have the right to arrange care on a professional basis, if they do not have it, it is necessary to take appropriate courses that teach the main points of caring for elderly people who need it.
A person who is assigned to care on a professional basis will have the appropriate compensation provided for the provision of social services of the caregiver and length of service.
Is it possible to arrange permanent care for a relative over 80 years old?
Yes, care for an elderly person who has reached the age of 80 can be officially registered. A caregiver has the right to social assistance if he does not work and cares for a person who needs assistance.
Any able-bodied person aged 18 to retirement age who is not in an employment relationship can become a caregiver. Most often, these are close relatives: children, grandchildren, daughters-in-law, sons-in-law. It is important that the caregiver should not receive a pension, unemployment benefits or other social benefits incompatible with the provision of care services.
Special requirements apply to people with special needs and men of military age. During martial law, the issue of mobilizing caregivers is decided individually, taking into account the critical need for care.
Documents for registration
To apply for permanent care, you need to collect a package of documents:
From the person in need of care:
- Application for appointment of social care service
- Passport and certificate of registration
- Medical documents confirming inability to self-care
- Income certificate (pension, other social benefits)
- Family composition certificate
From the caregiver:
- Application for care services
- Passport and residence registration
- Certificate stating that the person is not working and does not receive a pension
- Medical certificate about health status
- Documents confirming family ties (if available)
Registration procedure
The registration procedure begins with an application to the Department of Labor and Social Protection of the Population at the place of registration of the person requiring care. The application can be submitted in person, through a representative by power of attorney, or electronically through the electronic services portal.
After submitting the documents, a social survey of living conditions is conducted, during which a social worker assesses the real need for care and the possibilities of providing it. The commission makes a decision within 10 working days from the moment of submitting the complete package of documents.
Amount of payments and benefits
From 2025, compensation for providing non-professional care will not be awarded to natural persons providing care if the persons being cared for receive social care services at home. This is an important change that must be taken into account when planning care.
The amount of monthly compensation for care is set at the subsistence minimum for able-bodied persons. Payments are made monthly by the 26th of the previous month. Additionally, the caregiver is entitled to benefits when calculating a pension – the period of care is counted towards the length of service.
Is it possible to arrange permanent care for your parents?
Yes, permanent care for parents can be arranged on the condition that they need outside help and the person providing care is officially unemployed and able to work.
To do this, you need to apply to the social protection department, providing the appropriate package of documents, including medical reports on the need for care. It is also important that the caregiver should be in close family ties with the ward. If the conditions meet the requirements of the law, cash assistance for care is assigned, the amount of which depends on the degree of need for care.
Social services may also require regular checks on the ward’s status to confirm continued benefit payments.
Legal assistance in the registration of permanent care
It is important to note that the procedure may vary depending on the specific situation and region.
The legal company “Prikhodko and partners” has extensive experience in accompanying the procedure for registration of permanent care.
Our lawyers can provide you with professional assistance at all stages:
- Consultations on necessary documents and procedures;
- Assistance in the preparation and execution of documents;
- Representation of your interests in relevant bodies;
- Appealing decisions if necessary.
By contacting us, you can be sure that the process of registration of permanent care will be carried out as efficiently as possible and in compliance with all legal regulations.
Remember that every situation is unique, and to receive the most accurate information and help, we recommend contacting our specialists for an individual consultation.
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Who has the right to arrange permanent care for a person?
A caregiver can be any able-bodied adult who lives with a person in need of assistance and actually cares for him/her.
It can be a relative or even a third party (but if care is issued to obtain a deferral, then only relatives can use this right).
What documents are required to register care?
Basic documents:
- passports of both parties,
- certificates of residence,
- medical report on the need for care (MAC),
- as well as applications of the caregiver and ward.
Often they require a declaration of income and an act of inspection of housing conditions.
In the practice of lawyers, there are cases when social services additionally ask for documents that are not provided for by law — then the lawyer helps to appeal against such claims.
Is care counted as seniority?
Yes, the period of permanent care is officially included in the insurance record, which affects the future pension.
This is an important advantage, since even if a person does not work officially, their contributions are actually “saved”.
Thus, the caregiver does not lose the right to social guarantees, which is one of the key reasons to formalize the care formally.
What compensation does the caregiver receive and is it possible to work in parallel?
Compensation is assigned in the amount of the difference between the subsistence minimum and the average income of a person for the previous period.
The amounts may vary depending on the region and specific conditions.
Important: official employment usually makes it impossible to receive payments, since they are provided only for those who have no other income.
Exceptions are possible only with certain social programs.
What are the advantages of registered care during martial law?
In addition to financial compensation and seniority, the caregiver receives a number of legal guarantees.
In particular, men who have applied for care for persons with disabilities or seriously ill people can receive a deferment from mobilization.
There is also the right to travel abroad as an accompanying person with the ward.
This question is often of interest to families, because legally confirmed care opens up access to additional benefits and protects the caregiver from legal risks.
You may also need:
REPRODUCTIVE MEDICINE LAWYER
Read moreAPOSTILLE ON THE DECISION OF THE COURT
Read moreAPOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE
Read moreEstablishment of guardianship over an elderly person
Read moreAccompaniment of a lawyer in the children’s service
Read moreTHE TRANSFER OF LAND BY INHERITANCE
Read moreEstablishment of guardianship over an incapacitated person
Read moreProvision of care for children with disabilities in Ukraine
Read moreRegistration of care on a non-professional basis
Read moreA court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment
Read moreRegistration of a child born through reproductive medicine
Read moreObtaining a MSEC certificate of disability
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