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Family law Representation in the guardianship and guardianship authorities

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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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.

Representation in the guardianship and guardianship authorities

The institution of representation in guardianship and trusteeship bodies is an important component of the mechanism for protecting the rights and interests of persons who, due to various circumstances, cannot independently exercise their rights or perform their duties.

In Ukraine, the activities of guardianship and trusteeship bodies are regulated by a number of regulatory legal acts, in particular the Family Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine “On the Protection of Childhood”, as well as special by-laws of the Cabinet of Ministers of Ukraine.

In this article, we will consider the legal aspects of representation in guardianship and trusteeship bodies in Ukraine and analyze the functions of the relevant bodies, forms of protection of the rights of minors, incapacitated and partially incapacitated persons, as well as the procedural features of the participation of guardianship bodies in court cases.

The concept and functions of guardianship and trusteeship bodies

Guardianship and guardianship bodies are local government bodies or state authorities authorized by the state, which, in accordance with current legislation, protect the personal and property rights of children, incapacitated persons, and persons with limited legal capacity.

The main functions of such bodies are:

establishing guardianship or custody;
control over the activities of guardians and custodians;
participation in resolving issues related to the child’s place of residence, upbringing, and treatment;
granting permits to carry out transactions with property belonging to wards;
participation in legal proceedings in case of violation of the rights of wards.

Representation of interests of minors

One of the most common forms of representation is the protection of children’s rights, especially in cases related to property issues, change of residence, education, medical intervention, etc.

According to Article 242 of the Civil Code of Ukraine, guardianship and trusteeship bodies have the right to represent the interests of children in court if their parents (adoptive parents) fail to fulfill their duties or act to the detriment of the child.

In such cases, the guardianship and trusteeship body acts as a special representative entity with a human rights protection function.

For example, in cases of deprivation of parental rights or determination of the child’s place of residence, the guardianship and trusteeship bodies provide an opinion that is mandatory for consideration by the court and may be involved as third parties.

Representation of the interests of incapacitated and partially incapacitated persons

Another important category is adults who have been declared incompetent or have limited legal capacity by a court. According to the law, a guardian or trustee is appointed for such persons, who acts on their behalf or with their consent.

Guardianship and trusteeship bodies supervise the activities of representatives, require reporting on the use of the ward’s property, and may cancel the guardian’s unlawful actions.

Considerable attention is paid to property transactions: real estate sales, inheritance issues, donations – all of these actions require prior permission from the guardianship and trusteeship body to avoid violating the interests of the ward.

Application procedure and participation in court cases

To represent interests in court, guardianship and trusteeship bodies must have legal grounds. This may be the initiative of the body itself, a statement by an interested person, or a court ruling.

Most often, the participation of such bodies is mandatory in cases concerning:

deprivation and restoration of parental rights;
adoption;
determining the child’s place of residence;
contesting paternity or maternity;
protection of property rights of children or incapacitated persons.

During the trial, representatives of the guardianship authority provide a written opinion on the appropriateness of satisfying the claims, and also have the right to participate in meetings, provide evidence, and file motions.

It will also be useful: REGISTRATION OF PERMANENT CARE – 2025

Problems and prospects for improvement

Among the main problems in the field of representation in guardianship bodies, it should be noted:

insufficient qualifications of employees;
bureaucratic procedures when considering applications;
corruption risks when granting permits;
lack of a unified database on wards and court decisions.

In the future, it is necessary to implement electronic document management, digital registers, strengthen state supervision over the activities of guardians, and also increase the level of legal awareness of citizens.

Conclusions

Representation in guardianship and trusteeship bodies plays a key role in protecting the rights of children and persons with limited legal capacity.

Legislative consolidation of powers, clear regulation of the actions of representatives, effective supervision – all this contributes to increasing the level of social protection of vulnerable groups of the population.