Martial law and general mobilization are in force in Ukraine, during which the exit from the country for those liable for military service is limited.

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By law, a man of military age can accompany his wife or child with a disability to another country.

Lawyer Anastasia Ivanchenko told how to act in cases with other relatives, when, for example, a grandson liable for military service must accompany a grandfather or grandmother who is incapacitated.

She stressed that in such a case, guardianship should be issued. If the guardian of the incapacitated person is another person who cannot accompany him, the guardian must be changed.

The court considers the issue of dismissal of a guardian or trustee in a court session with notification of interested persons. The failure of these persons to appear does not prevent consideration of the issue of dismissal of the guardian or trustee.

And within a month from the date of filing an application with the court, the court must make an appropriate decision (release of the current guardian from his powers and appointment of a new guardian).

Thus, in order to change the guardian, the current guardian must apply to the court with an application to release him from the powers of the guardian, and the court can simultaneously appoint another guardian on the proposal of the guardianship and guardianship authority.

To do this, the new guardian must first apply to the guardianship and guardianship authorities with a written statement about the desire to take the incapacitated person under guardianship and attach the necessary documents to it:.

copies of passports of the potential guardian and ward;

copies of identification numbers of the potential guardian and ward;

an act of surveying the living conditions of a potential guardian and ward;

certificate of MSEC on the disability group;

application for the consent of adult family members of the incapacitated person and family members of the guardian;

certificate of registration of the place of residence of the potential guardian and ward;

copies of documents confirming the family relationship of the future guardian and the person in need of guardianship;

conclusion of the Medical Commission on the state of health of a potential guardian;

court decision declaring a person incompetent;

court order appointing a guardian.

After that, the court will decide on the replacement of one guardian by another.

Since, according to paragraph 10 p. 2-1 of the Rules for crossing the state border by citizens of Ukraine, as amended on September 10, 2022, guardians of persons with disabilities recognized by the court as incapacitated, accompanying such persons to travel outside Ukraine, if there is a decision to appoint a guardian over such a person, and in case.

Therefore, if there are documents confirming guardianship, crossing the border is possible. To do this, you must have with you: a court decision on the appointment of a guardian, which has entered into force, as well as a certificate from the MSEC on the disability of an incapacitated person.