Denial of appointment as a guardian due to the risk of mobilization deferment
Can a court consider the risk of using guardianship to obtain a deferment from mobilization when deciding on the appointment of a person as a guardian during wartime?
Can a court consider the risk of using guardianship to obtain a deferment from mobilization when deciding on the appointment of a person as a guardian during wartime?
Answer provided 21.11.2025 10:19
The Supreme Court indicated that when considering the appointment of a person liable for military service as a guardian, the guardianship authority must additionally ascertain the appropriateness of such an appointment, taking into account the duty to defend the Fatherland and general mobilization. A submission by the guardianship and custody authority for the appointment of a second guardian for an incapacitated person must be properly substantiated and contain evidence of the first guardian's inability to perform their duties. This is stated in the resolution of the Supreme Court of Ukraine dated July 23, 2025, upon reviewing case No. 279/3630/24 on the appointment of a second (additional) guardian for an incapacitated person.
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