A guardian is appointed if a person is recognized as completely incapacitated. Is it possible to formalize guardianship over a person with a disability of group 3 and how to do it correctly in Ukraine in 2025 — read in the material of Fakty ICTV.
When is it necessary to formalize guardianship over a person with a disability
A lawyer at the Ivan Khomich Law Firm Elena Voronkova told ICTV Fakty that first of all it is necessary to distinguish guardianship and trusteeship issues.
If we are talking about persons who have been assigned the 3rd disability group, then the question arises about the purpose of formalizing such guardianship, since guardianship over an adult is established after such a person has been declared incompetent.
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According to Part 1 of Article 39 of the Civil Code of Ukraine, the grounds for recognizing a person as incompetent are the presence of a chronic, persistent mental disorder in such a person, as a result of which such a person is unable to understand the meaning of his actions and (or) control them.
For persons with the status of a person with a disability of the 3rd group, this may probably happen, but it is very difficult to simulate such a situation. In any case, in order to recognize a person as incapacitated and then establish guardianship over him, it is necessary to go to court, – commented Elena Voronkova.
What is needed to formalize guardianship over a person with a disability of the 3rd group
The lawyer noted that in order to formalize guardianship, it is necessary to go to court with an application to recognize a person as incapacitated with references to circumstances confirming this fact. If a person really has grounds for recognizing him as incapacitated, then, as a rule, the guardianship and trusteeship authorities of the local state administration or village council are aware of the existence of such a person and his state of health.
The list of documents in this case is small:
- passport;
- identification code of the person who applies to the court with an application and the person in respect of whom the issue of recognizing him as incapacitated is being decided;
- copies of medical documents (if any).
An application to the court for recognition of an individual as incapacitated may be filed by:
- a family member;
- close relatives of such a person, regardless of their cohabitation;
- guardianship and trusteeship authority;
- mental health care institution.
Guardianship over a person with a disability of group 3: what documents are required
Lawyer Elena Voronkova noted that as part of the process of recognizing a person as incapacitated, incapacitated must be the conclusion of doctors that the person in respect of whom the question of recognizing him as incapacitated is being decided has a chronic, persistent mental disorder, as a result of which such a person is not capable of understanding the meaning of his actions and (or) controlling them.
After a court decision has been made to declare a person incompetent, the guardianship and trusteeship authority must submit a motion to the court to appoint a guardian over such an incompetent person. In some regions, it is possible to combine these two processes into one, although this is not procedurally correct, but it gives the maximum result.
To file an application for the establishment of guardianship over an incapacitated person, the guardianship and trusteeship authority requires the following documents.
With respect to the person in respect of whom the issue of establishing guardianship over him is being decided copies of the following documents are required:
- passport;
- pension certificate;
- certificates from expert teams (in the case of establishing a group disability);
- court decisions on recognizing a person as incompetent (if such a decision already exists);
- documents confirming the right of ownership of residential real estate (if any) and the original report of the inspection of housing and living conditions.
In regarding the person wishing to become a guardian it is necessary to provide copies of the following documents:
- passport;
- certificate of health eligibility to be a guardian (conclusion of a psychiatrist, narcologist, conclusion of the EC (expert team);
- certificate of absence criminal record;
- employment reference;
- income certificate;
- consent of adult family members of the potential guardian;
- report of inspection of housing and living conditions;
- documents confirming the existence of family ties;
- documents confirming the right of ownership of residential real estate.
These are the main documents that will need to be collected as part of the trial, but it is better to collect them directly from the territorial guardianship authority and guardianship to clarify whether this will be enough for them, or perhaps they have some specific features for your case, – the lawyer noted.
Elena Voronkova also commented that when starting this process, you need to understand that it can take from six months to a year on average, depending on whether it will all be carried out in one court proceeding or in two, as well as on the region, the workload of the courts and government agencies.
In addition, the question still arises about the expediency and legality of such a process in relation to persons who have been assigned the 3rd disability group.
