General Guardianship Issues
The main task and purpose of establishing guardianship and guardianship is to protect the rights of those segments of the population who are in a less protected position than others, and these are primarily children, and secondarily adults, but with physical or psychological disabilities.
Such insecurity gives rise to the need to be with such categories of persons who can act in their interests.
Accordingly, the legislation of Ukraine provides for the conditions for the establishment, implementation and termination of guardianship and guardianship, the circle of persons and grounds for establishing guardianship and guardianship, as well as the requirements that guardians and trustees must satisfy, the functions and powers of the supervisory body of guardianship and guardianship, as well as many other issues. But there are cases when the legislation does not regulate some issues of guardianship and guardianship, or it is difficult to determine among the many legal norms for a person without a legal education.
Our lawyers will provide you with qualified legal advice on issues of guardianship and guardianship, will make:
- application for change of guardian or custodian,
- an application to the court to invalidate the contract concluded by the guardian or trustee against the interests of the ward,
- an application to the court for compensation for damage caused by the guardian or trustee as the administrator of the child's property,
- a statement to the court of a guardian who considers that his right to raise a ward has been violated,
- statement of parents on the protection of their right to personal upbringing of the child and the removal of the child from the guardian or custodian,
According to the general procedure, the decision of the relevant body is necessary to establish guardianship and guardianship. The authorized bodies are the state administrations of districts, districts of the cities of Kyiv and Sevastopol, the executive committees of city and district in cities, rural, settlement Councils of People's Deputies. The direct management of guardianship and trusteeship affairs is entrusted to the relevant departments and departments of the local state administrations of districts, districts of the cities of Kyiv and Sevastopol, the executive committees of city or district Soviets of People's Deputies.
To assist in the work of guardianship and guardianship councils are created. Guardianship and guardianship are established by the body of guardianship and guardianship, as well as in some cases by the court. To assist in the work of guardianship and guardianship councils are created.
Registration of guardianship for the departure of a man abroad
Registration of guardianship of the military
Legal assistance to men during wartime when leaving Ukraine abroad, to European countries, Poland, Germany, the USA.
Help with guardianship
To whom guardianship and guardianship are established
Guardianship and guardianship are established:
- regarding persons in need of care for health reasons;
- regarding persons recognized as incapacitated due to mental illness or dementia;
- regarding persons recognized as having limited legal capacity due to the abuse of alcoholic beverages or narcotic substances;
- for persons under the age of 18.
Grounds for appointing a guardian or custodian
As a general rule, the basis for the appointment of a guardian or custodian are:
- incapacity;
- recognition of parents as dead, missing;
- death of parents;
- deprivation of parental rights or freedom.
With her consent, an adult capable person may be the guardian or custodian of the child. A person who abuses alcohol, drugs, is deprived of parental rights, and also, whose interests are contrary to the interests of the child, cannot be a guardian or custodian of a child.
Termination of guardianship
Guardianship is terminated in the following cases:
- resumption of civil capacity of a natural person who has been declared legally incompetent;
- transfer of a minor to parents;
- achievement of wards 14 years.
Termination of guardianship
Guardianship of a child is terminated in the following cases:
- reaching the age of majority
- registration of marriage by a minor
- granting a minor a full civil capacity
- resumption of the civil capacity of a natural person whose civil capacity has been limited.
During the establishment and implementation of guardianship and guardianship, additional issues may also arise, such as, for example:
- Is it possible to get custody without deprivation of parental rights;
- whether it is possible to adopt a child who is under guardianship without the consent of the guardian;
- whether in all cases guardians receive funds for the maintenance of the ward;
- whether the guardian has the right to use the child's funds at his own discretion, for his own needs;
- whether the guardian must report to the guardianship authorities for the funds paid to him for the maintenance of the child, etc.
Since the rights of wards are often violated by others who take advantage of their weakness, guardians or custodians may apply for the protection of wards.
We will provide such protection in cases of compensation for material damage caused to a ward in disputes over the right to raise a child, on the removal of children without deprivation of parental rights from persons who, by a court decision, are recognized as incapable or limited in capacity, in disputes on the protection of housing rights of wards, etc. .
