POTENTIAL WAYS TO IMPROVE ADMINISTRATION IN THE SPHERE OF GUARDIANSHIP OVER INCAPABLE ADULTS IN UKRAINE

Abstract

First of all, the author of the article notes the international standards for ensuring, protecting and defending the rights of adults with mental and intellectual disabilities and recognizing the legal personality of persons with disabilities. The daily updating of the relevant issue for Ukraine in the conditions of a full-scale war and the growing level of disability in Ukrainian society is noted. The emphasis is on the international perception of the institution of legal capacity as outdated and in need of reform, and the recognition of a person’s ability to make decisions as a key prerequisite for control over one’s own life. An inexhaustible list of alternative ways to guardianship is given to ensure the rights of persons who need it, namely: supported decision-making, medical power of attorney, long-term power of attorney, recipient representative, opening a joint bank account, trust management, money management programs, living wills, trusts, public advocacy systems, case management, etc. The special role of supported decision-making as a way to support an adult with an intellectual, cognitive or psychological disability by helping them make decisions. An example from international practice regarding the legislative regulation of supported decision-making is given. The development of legislation in Ukraine, the norms and provisions of which expand the scope of legal capacity of people with mental and intellectual disabilities, in particular with the status of incapacity, is noted.The current institution of an assistant to a capable individual who, due to health conditions, cannot independently exercise his or her rights and fulfill his or her duties is also described. Finally, a conclusion is formulated on the need to develop the current institution of guardianship over incapable individuals by improving the current legislation, the activities of government bodies in the administrative and legal regulation of legal relations in the relevant field, as well as the need to study the best international experience in the functioning of alternative forms of guardianship to ensure the rights of relevant categories of the population and its implementation in practice in Ukraine.