COMPARATIVE ANALYSIS OF THE EXPERIENCE OF LITHUANIA AND UKRAINE ON THE ADMINISTRATION OF THE SPHERE OF GUARDIANSHIP AND CARE OVER ADULTS

Abstract

Abstract. In the article, the author paid attention to the question of Lithuania’s experience in the administration of the sphere of guardianship and care of adults, and also carried out a comparative analysis of the relevant practice of Ukraine with the researched practice of Lithuania. First of all, the powers of the guardianship and guardianship bodies regarding adult incapacitated persons and persons whose legal capacity is limited are analyzed. Their key task, such as supervision and control over the activities of guardians and custodians, was noted, as well as interaction with judicial authorities in the relevant field of activity. The article also places special emphasis on the reasons for establishing the status of incapacity and limited legal capacity under Lithuanian and Ukrainian legislation. Emphasis is placed on significant differences regarding the grounds for limiting legal capacity of adults in Lithuania and Ukraine. The legal consequences of establishing appropriate statuses for persons with relevant health and behavioral disorders, in particular, establishing guardianship or guardianship over them, appointing a guardian or custodian to them, directly exercising powers of guardianship and guardianship, in particular in terms of ensuring and protecting the property rights of wards, have been analyzed. The Lithuanian practice of establishing guardianship over an able-bodied natural person who, due to his health, cannot independently fulfill his rights or obligations, was mentioned, which Ukraine abandoned with the adoption of new civil legislation. The essential similarity of guardianship and care systems in our and Lithuanian countries is summarized.