Due to the full-scale invasion of Russia in Ukraine, the legal regime of martial law is in force. At present, the order of some legal procedures may differ from the usual.

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Right to Defense lawyers explained whether it is possible to arrange custody of an elderly person and how to do it during the war.

They explained that for the period of martial law, the procedure for establishing guardianship or guardianship takes place on a general basis.. It is possible to issue guardianship over an elderly person only after a court decision on his limited legal capacity or incapacity.

Guardianship or trusteeship is established at the place of residence of an individual in need of guardianship or guardianship, or at the place of residence of the guardian or trustee.

Only an individual with full civil capacity can be a guardian or custodian. An individual may be appointed as a guardian or custodian only upon his written application.. The guardian or custodian is appointed mainly from persons who are in family, related relations with the ward, taking into account the personal relationship between them, the ability of the person to perform the duties of a guardian or custodian.

It cannot be an individual:.

which is deprived of parental rights, if these rights have not been restored;

whose behavior and interests are contrary to the interests of a natural person in need of guardianship or guardianship.

A person who wants to become a guardian or trustee of an elderly person must apply to the guardianship and guardianship authority with an application and the necessary package of documents.

Therefore, on the proposal of the guardianship and guardianship body, whose functions during the period of martial law are performed by military administrations, the court at the place of residence of the person in need of guardianship and guardianship or at the place of residence of the guardian, trustee decides on the establishment of guardianship and guardianship.

Care for an elderly person is possible if it is:.

a person with a disability of group I;

elderly citizen with cognitive impairment;

terminally ill, and due to a violation of the functions of the body, cannot move independently and self-service;

a person with a disability of group I or II as a result of a mental disorder.

To apply for a care allowance for all categories of persons (except for persons with a disability of group I or II due to a mental disorder), adult capable family members who:.

live together with a person in need of care, and are connected with him by a common life, have mutual rights and obligations;

provide care on a non-professional basis without entrepreneurial activity;

have an average monthly total income for the quarter preceding the month of circulation, less than the subsistence minimum as of January 1 of the corresponding year.

In this case, cohabitation is confirmed by "

With regard to the allowance for the care of persons with a disability of group I or II due to a mental disorder who, according to the conclusion of the medical commission, need constant outside care, then persons of legal age whose place of residence (stay) is declared (registered) on one. Joint residence is confirmed by "

How to get disability care compensation.

To receive compensation, applicants have the opportunity to apply to:.

structural divisions for social protection of the population;

executive bodies of rural, settlement, city councils;

administrative service centers.

In order to be granted an allowance for caring for persons with group I or II disabilities as a result of a mental disorder, it is necessary to provide:.

application in the form;

declaration of income and property status;

certificate of income and / or written explanation indicating the amount of income (if necessary);

conclusion of the medical commission of a medical institution on the need for constant outside care for a person with a disability of group I or II due to a mental disorder;

a copy of the certificate to the MSEC inspection certificate, which is issued to a person with a disability of group I or II due to a mental disorder being cared for;

present an identity document.

In order to assign a benefit for caring for other categories of persons, you must provide:.

application in the prescribed form;

declaration of income and property status;

declaration of consent to receive social services;

a copy of the passport and identification code (RNUKPN) of the applicant;

a copy of the passport of the person in need of care;

a copy of a document confirming the state of health of a person in need of care (certificate to the inspection report of the MSEC, the conclusion of the VKK, etc..

a copy of the court decision on the restriction of civil capacity / recognition of the incapacitated person in need of care or a copy of the decision of the court / body of guardianship and care on the appointment of a guardian or custodian to a person in need of care (if necessary).

You can submit documents for the appointment of compensation both in person and through JSC "

The legislation provides for the possibility of submitting documents to the authorized body in electronic form, but today it is technically impossible.

The decision on the appointment or refusal of compensation is made within 10 days from the date of submission of documents.

At the same time, the cash benefit for caring for a person with a disability of group I or II due to a mental disorder is assigned for a period of 6 months from the month of application (exception: if the caregiver is a non-working pensioner or a person with a disability, payments are assigned immediately for 12 months).

Financial assistance for the care of other categories of persons is assigned for 12 months from the month of application.

Based on the results of consideration of the documents provided by the applicant, the authorized body is obliged to make a decision on the appointment of compensation or refusal to award it.. In this case, refusal to accept documents is unacceptable..

If the applicant has not provided the entire package of documents, he must be given a monthly deadline for submitting documents.

The decision of the body of social protection of the population to refuse to assign assistance may be appealed to the authorized body of the highest level or to the court..

In Ukraine, for the period of martial law, the procedure for establishing guardianship and adoption has been simplified. Recall how to arrange guardianship of a child during the war.