Specific categories of cases

Recognition of a natural person as incapacitated and establishment of guardianship

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Recognition of a natural person as legally incapacitated and the establishment of guardianship over them is a complex legal procedure aimed at protecting the rights and interests of a person who, due to their health condition, is unable to understand the significance of their actions or control them.

We provide full legal support at all stages:

  • Preparation of legal documents

    The lawyer prepares a complete set of documents for filing with the court, including medical reports, evidence of the person’s health condition, and other materials necessary to substantiate the application for recognition of incapacity.

  • Legal analysis of the grounds

    A detailed legal analysis is conducted of the circumstances of the case and the compliance of the grounds with legal requirements and judicial practice. The client receives a clear understanding of the prospects of the case and the possible procedural risks.

  • Legal support during court proceedings

    The lawyer represents the applicant’s interests in court, supports the process of the forensic psychiatric examination, monitors compliance with procedural requirements, and ensures the lawfulness of the decision.

  • Establishment of guardianship and further support

    After the court decision enters into legal force, the lawyer supports the procedure for establishing guardianship, advises on the rights and obligations of the guardian, and, where necessary, provides further legal protection of the interests of both the ward and the guardian.

Recognition of a natural person as legally incapacitated and the establishment of guardianship over them in Kharkiv is a complex and legally significant process that requires strict compliance with legal requirements, proper medical substantiation, and judicial review. Such cases arise when a person, due to their health condition, is unable to understand the significance of their actions or control them and therefore requires legal protection and ongoing assistance.

By engaging our law firm in Kharkiv, you receive comprehensive legal support at all stages of the procedure. We prepare the application to the court, compile the required set of documents, support the process of the forensic psychiatric examination, and represent the client’s interests during court proceedings.

We have practical experience in handling cases involving recognition of incapacity and establishment of guardianship in Kharkiv and understand how sensitive such matters are for families. Each case is handled individually, taking into account the specific circumstances and the interests of both the ward and the prospective guardian. Our goal is to ensure lawful protection of rights, peace of mind, and confidence in the decision made.

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Our cases

Adoption case

Enquiry:

His wife’s two sons were very attached to the client; they treated him like a father, and he treated them as if they were his own children. So the boys also wanted the client to adopt them. At the same time, the boys had a biological father who didn’t even speak to them.

What we do:

  • A petition was filed to terminate the parental rights of the biological father of the client’s wife’s two children, and a few months later the case was concluded with the termination of his parental rights.
  • An application has been submitted by the client for the adoption of two children, including a change to the children’s surnames and patronymics.

Result:

The case has been won. The children now bear the client’s surname and patronymic and are legally his children; furthermore, the client and his wife have had a baby girl, so there are now three children in the family.

Case concerning the determination of the fact of death

Enquiry:

The client’s mother died in the occupied territory of Ukraine. The aggressor state issued documents certifying her death, which are not recognised as legally valid in Ukraine. Consequently, the client was unable to use these invalid documents for any legally significant purposes, including inheriting the property left by his mother.

What we do:

  • An application has been filed to establish the fact of death in the occupied territory of Ukraine. A court ruling established the fact of the client’s mother’s death in the occupied territory of Ukraine.

Result:

The inheritance documents were submitted, and the flat and house were inherited.

Case concerning the granting of the right to marry

Enquiry:

The client had turned 16, but was unable to register her marriage to the young man she was dating and loved deeply, as she had to be 18 years old and have full legal capacity at the time of registration. In such cases, marriage is only possible by court order.

What we do:

  • An application was submitted to grant the girl the right to marry, as she had been in a relationship with her boyfriend for several years, they were in love, and, moreover, she was pregnant by him.
  • The girl’s parents, whose consent is required by law in such cases, were also in favour of their daughter getting married.

Result:

The court granted the client permission to marry at the age of 16, and she registered her marriage just one month later.

Case concerning the establishment of paternity

Enquiry:

The client had long since separated from her daughter’s father, with whom she had been in a de facto relationship and who was not listed as the father on her daughter’s birth certificate. A few years later, the girl’s father died whilst on a combat mission against the aggressor country. The child’s paternal grandmother (the girl’s grandmother) and the girl were eligible to claim substantial posthumous social benefits from the state. However, to do so, paternity had to be established.

What we do:

  • An application was filed to establish paternity; a DNA test was carried out using samples taken from the girl and her grandmother, given that her father had died and it was not possible to obtain a sample from him; and other documentary evidence and witness statements were gathered.

Result:

The court ruling established paternity, and the girl received state social assistance following the death of her father, who died defending his country.