A 38-year-old resident of the Kamianets-Podilskyi district has approached the court with a request to be appointed guardian of his incapacitated brother. He explained that, according to a court decision, his brother was the guardian of their father, who passed away last year. The guardianship authority concluded that it would be appropriate to appoint him, the applicant, as the guardian of the incapacitated individual. This was reported by the Khmelnytskyi Court of Appeal.
The Novoushytskyi District Court of the Khmelnytskyi region established that the applicant's 46-year-old brother has a first-degree disability from childhood and was declared incapacitated by a court decision in 2013, with their father appointed as the guardian. The father passed away in July 2024.
According to the conclusion of the medical commission, the mother is unable to perform the duties of a guardian due to health issues. There are five children in the family, two of whom, according to the mother, are abroad. Based on the guardianship authority's conclusion, it is suggested that the incapacitated individual's younger brother—the applicant—be appointed as the guardian.
The court noted that the guardianship authority decided it was appropriate to appoint the applicant as guardian of his incapacitated brother, despite the absence of documents specified in p. 3.3 of the Guardianship and Care Regulations, particularly the health certificate of the future guardian and the act of verifying his living conditions. The executive committee of the village council did not justify why this brother, rather than the other two brothers or the sister, should be appointed as the guardian.
Furthermore, as the court found out, since October 11, 2024, the applicant has been mobilized and is undergoing military service. This circumstance makes it impossible for him to fulfill the actual duties of a guardian. Therefore, his right to be a guardian of his brother can only be realized upon his discharge from military service.
The court also pointed out that the issue of appointing a guardian arose not after the death of the previous guardian—in July 2024—but immediately after the applicant was called up for military service—in October 2024.
Consequently, the court decided to deny the application for the appointment of a guardian for the incapacitated person. Currently, the responsibilities of guardianship over the applicant’s incapacitated brother have been assigned to the executive committee of the Novoushytskyi village council as the guardianship authority.
The decision has not yet come into legal force and can be appealed to the appellate court.