Problems and perspectives of the administration of the activities of guardianship and care bodies regarding resolving issues of guardianship and care of adults in Ukraine

Abstract

The article examines in detail the issues of gaps and problems in Ukrainian state policy and the practice of its implementation in the area of activities of guardianship and care bodies in the field of guardianship and guardianship of adults.On the basis of the analysis of national experience, legislation on the relevant issue and the development prospects of the researched area determined by it, proposals were formulated regarding the likely way of establishing the activities of guardianship and guardianship bodies regarding the provision, protection and protection of the rights and legitimate interests of adults who need guardianship and guardianship. In particular, the author’s considerations regarding the likely content of the government decision on the procedure for conducting activities related to the protection of the rights of adults in need of guardianship and care by guardianship authorities are outlined.It is proposed to regulate this document, among others, the following issues: 1) determine the authorities that are the bodies of guardianship and guardianship in matters related to adults who need guardianship and guardianship, and units or specific persons who will directly coordinate the activities of the relevant direction; 2) determine the legal status of the boards of trustees; 3) to detail the tasks and specific duties and rights of guardianship and guardianship bodies according to the relevant field of activity; 4) determine the mechanisms for establishing, implementing and terminating guardianship over property and detail the features of property management of the person over whom guardianship has been established; 5) to determine the conditions for granting permits to guardians and custodians of adults for their execution of transactions with respect to the property of incapacitated and limited wards; 6) to regulate the powers of guardianship and guardianship bodies related to their exercise of guardianship and care over adults who have not been assigned guardians and custodians, as well as who are not in special institutions; 7) to regulate the procedure for the interaction of guardianship and guardianship bodies with consular institutions; 8) determine the requirements for registration of personal files of incapacitated persons and persons whose legal capacity is limited; 9) to regulate issues of control over guardianship and care of adult incapacitated persons and persons whose legal capacity is limited, etc.