Getting guardianship for a person with a disability is a complex and lengthy process.
This information was reported Fakty, reports URA-Inform.
To do this, you need to collect a full package of documents, prove your legal capacity and take into account many nuances. Lawyer Anna Zlatina noted that not all citizens can become guardians, even if one of their relatives needs such guardianship.
Today, a guardian is appointed:
— over minors who are orphans or deprived of parental care;
— individuals officially recognized as legally incompetent.
She explained that the presence of a disability is not yet a basis for establishing guardianship. A guardian is appointed only by the court, and only the court determines whether a person can be a guardian or not.
“A guardian is appointed if a person is declared completely incompetent. And when a person’s legal capacity is limited, a trustee is appointed. A person wishing to obtain guardianship must confirm his state of health with an appropriate medical certificate, provide a certificate of his place of residence and bring to the authorities a certificate of his financial situation and family composition,” — the lawyer explained.
An individual cannot be a guardian:
— who have been deprived of parental rights if these rights have not been restored;
— whose behavior and interests are contrary to the interests of the individual in need of guardianship or trusteeship;
— incapacitated persons or persons with partial legal capacity. (Part 2 of Article 63 and Article 64 of the Civil Code)
According to Part 2 of Art. 63 of the Civil Code of Ukraine, only an individual with full civil capacity can be a guardian. In addition, a guardian is appointed primarily from persons who have family, related relationships with the ward, taking into account the relationship between them and the person’s ability to perform the duties of a guardian.
Anna Zlatina emphasized that a guardian for a person with a disability is appointed only by the court after all checks.
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