How to become a guardian of a disabled person?

According to Part 2 of Art. 63 of the Civil Code of Ukraine, only a natural person with full civil legal capacity can be a guardian.

Issuance of a certificate of guardianship over an incapacitated person is carried out by a local self-government body.

Guardianship is established over persons who have been recognized by the court as incompetent. A natural person may be recognized by the court as incompetent if, due to a chronic, persistent mental disorder, he is unable to realize the meaning of his actions and (or) manage them.

To declare a person incapable, the future guardian must submit an application to the court. The court appoints a guardian on the basis of a submission from the body of guardianship and guardianship.

The guardian's candidacy is considered by the guardian's council. Guardianship is established over persons whose legal capacity is limited.

The court can limit the civil legal capacity of a natural person if he suffers from a mental disorder that significantly affects his ability to understand the meaning of his actions and (or) manage them, and if he abuses alcoholic beverages, narcotic drugs, toxic substances, gambling, etc. and thus puts herself or her family, as well as other persons whom she is obliged to support by law, in a difficult financial situation.

To recognize a person with limited legal capacity, the future guardian must submit an application to the court.

The court appoints a guardian on the basis of a submission from the guardianship authority. The trustee's candidacy is considered by the board of trustees.