When someone close to you, because of a mental disorder, stops understanding what they sign, who they give money to and where they are going, the family needs not only a doctor but a court decision. It determines who will make decisions for the person, who will manage their pension and flat — and, during mobilisation, whether the guardian gets a deferral.

Incapacity and limited capacity: two different decisions

Ukrainian law has two degrees of intervention, and families often confuse them. What you ask the court for determines both the person's rights and what you will get.

Limited capacity: the person keeps some independence

• When: a mental disorder that substantially affects the ability to understand one's actions or control them. Or when a person abuses alcohol, drugs, toxic substances or gambling and thereby puts themselves, their family or those they must support in financial hardship.
• Who is appointed: a custodian (піклувальник).
• What the person can do: on their own — only minor everyday transactions. Everything else — with the custodian's consent. Pension, salary and other income are received by the custodian unless they give written permission otherwise.
• Liability: the person is liable for their own contracts and for harm they cause.

Articles 36 and 37 of the Civil Code of Ukraine

Incapacity: a guardian decides for the person

• When: a chronic, persistent mental disorder that leaves the person unable to understand the meaning of their actions and/or control them.
• Who is appointed: a guardian (опікун).
• What the person can do: no transactions at all. All transactions on their behalf are made by the guardian.
• Liability: the guardian is liable for harm caused by the incapacitated person.

Articles 39 and 41 of the Civil Code of Ukraine

Both statuses apply only from the day the court decision becomes final. Neither a psychiatrist's certificate, nor a disability group, nor a notary makes a person legally incapable.

Article 36(4) and Article 40 of the Civil Code of Ukraine

Who can apply to the court, and where

Who may apply depends on what the court is asked to do.

• To limit capacity: family members, the guardianship authority, or a psychiatric care facility.
• To declare a person incapable: the same, plus close relatives, even if they do not live with the person.

The application is filed with the court at the person's place of residence. If the person is being treated in a psychiatric facility — with the court where the facility is located.

Article 295(1) and Article 296(1) and (3) of the Civil Procedure Code of Ukraine

What the application must contain

The court will not take your word for it. The application must describe specific circumstances: how the disorder shows itself, since when, what the person has already lost or done (sold property for next to nothing, does not recognise relatives, cannot eat or take medication unaided). Attach straight away a motion for a forensic psychiatric examination, naming the institution and listing the questions for the experts.

Article 297 of the Civil Procedure Code of Ukraine

The expert examination is the centre of the case

Without a forensic psychiatric expert opinion the court will not decide the case. The examination answers two questions: does the person have a mental disorder, and do they understand the meaning of their actions and can they control them. If the person clearly evades the examination, the court may, in exceptional cases, order them to undergo it compulsorily — only at a hearing attended by a psychiatrist.

Article 298 of the Civil Procedure Code of Ukraine (compulsory referral — part 2)

In practice the examination is the longest stage. Queues at expert institutions and in-patient examinations can stretch the case over several months. If the family needs a result by a certain date (for example, before a deferral runs out), allow plenty of time.

How the court hearing works

• The case is heard by a judge together with two lay assessors under special (non-contentious) proceedings: this is not a dispute but the establishment of a fact.
• The hearing is attended by the applicant, a representative of the guardianship authority, and the person concerned together with their lawyer. Whether to summon the person in person is decided by the court in view of their condition. If they are in hospital, they can take part by video link.
• In these cases court costs are borne by the state. But if the court finds that the applicant acted in bad faith and without sufficient grounds, all the costs are recovered from them.

Article 293(4) and Article 299(1)–(3) of the Civil Procedure Code of Ukraine

What the court decides. When it declares a person incapable, the court in the same decision establishes guardianship and, on the submission of the guardianship authority, appoints a guardian. When capacity is limited, custodianship is likewise established and a custodian appointed. The guardian or custodian can be replaced later: on an application by the guardianship authority or by the guardian themselves, the court releases them within a month and appoints someone else.

Article 60 of the Civil Code of Ukraine; Article 300(1) and (2) of the Civil Procedure Code of Ukraine

Who can be a guardian

• Only a natural person with full legal capacity can be a guardian or custodian, and only on their own written application.
• Family members and relatives are preferred, taking into account their relationship with the person and their real ability to carry out the duties.
• An adult may be given one guardian or several.

Article 63 of the Civil Code of Ukraine

Can a serviceman be a guardian? For a long time the courts said "no". For example, in case No. 634/1126/23 (ruling of 04.12.2024) the Supreme Court agreed that a father who is serving cannot for now be his son's guardian because he cannot provide constant care. On 22 June 2026 the Joint Chamber of the Civil Cassation Court, in case No. 305/1557/24, clarified the approach: serving under mobilisation is not in itself an automatic obstacle, because the list of cases in which a person cannot be a guardian in Article 64 of the Civil Code is exhaustive. The Chamber did not depart from its earlier conclusions (cases No. 716/662/24 and No. 344/2344/24): as it explained, the refusals there were based not on military service as such but on the fact that other people were able to act as guardian. So the court must establish whether there are such people and be guided by the best interests of the ward.

Articles 63 and 64 of the Civil Code of Ukraine; ruling of the Joint Chamber of the Civil Cassation Court of the Supreme Court of 22.06.2026 in case No. 305/1557/24

The decision is valid for no more than two years

This is the most common trap. The court sets the period of validity of a decision declaring a person incapable itself, but for no more than two years. To keep guardianship from lapsing, the guardian or the guardianship authority must file a motion to extend it no later than 15 days before the period ends. A new forensic psychiatric expert opinion is attached to the motion.

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Article 300(6)–(8) of the Civil Procedure Code of Ukraine

Draft law No. 13355 proposes reviewing such decisions once every 10 years instead of two. On 18 March 2026 it was backed by the relevant parliamentary committee. Until the law is adopted, the two-year rule applies.

Deferral from mobilisation for a guardian

The law expressly lists, among those not subject to call-up during mobilisation, the guardian of a person declared incapable by a court.

Article 23(1)(10) of the Law of Ukraine "On Mobilisation Training and Mobilisation"

What you need:

• the court decision declaring the person incapable;
• the decision (or that same decision's relevant part) appointing you as guardian;
• your passport, RNOKPP (taxpayer number) and military registration document.

For this ground the law does not require the ward to have a disability group. The provision used to cover guardians of "a person with a disability", and some explanations online still repeat the old wording. The current wording of item 10 speaks only of the guardian of a person declared incapable by a court. If the recruitment centre (TCC) or the administrative services centre (ЦНАП) demands a disability certificate, ask for a written refusal: it can be challenged.

The application is filed through the administrative services centre or the TCC under the Procedure approved by Cabinet of Ministers Resolution No. 560. The deferral is granted for as long as the ground exists — in practice, until the court decision expires. Decision extended — extend the deferral too.

No guardianship, but you provide care. Other grounds in Article 23 concern constant care rather than guardianship:

• for a sick wife (husband), child or parents — on the opinion of the MSEC, a medical advisory commission or an expert team (item 9);
• for parents with a group I or II disability (item 13);
• for a second-degree relative with a group I or II disability (item 14).

The custodian of a person with limited capacity should look at exactly these grounds.

Article 23(1)(9), (13) and (14) of the Law of Ukraine "On Mobilisation Training and Mobilisation"

Discharge from military service

If the person appointed guardian is already serving, under martial law they are entitled to discharge on family grounds. The ground is the need to act as guardian of a person declared incapable by a court, provided that no other persons are providing care (guardianship) for that person.

Article 26(12)(3) of the Law of Ukraine "On Military Duty and Military Service"

What to watch for:

• Other guardians. If the court decision names several guardians, the command will argue that guardianship is "provided by others". This is best thought through already when the submission to the guardianship authority is prepared.
• Validity of the decision. A discharge request with an expired court decision will not be granted.
• Challenging a refusal. A commander's refusal to discharge is challenged in the administrative court. What decides it is the paperwork: the court decision, the guardianship authority's submission, evidence that there are no other guardians.

What if the person declared incapable is liable for military service

The court decision by itself does not remove the person from the military register: incapacity is not among the grounds for removal. Fitness for service is decided by the military medical board. Here the forensic psychiatric opinion and the court decision are strong medical evidence. All steps at the TCC on behalf of the incapacitated person are taken by the guardian. How to challenge a medical board decision — see Challenging a military medical board.

Article 37(6) of the Law of Ukraine "On Military Duty and Military Service"; Article 41(3) of the Civil Code of Ukraine

Restoring capacity

A person's condition can improve. If recovery or significant improvement is confirmed by a forensic psychiatric expert opinion, the court restores capacity, and guardianship or custodianship ends. The application may be filed by the guardian, family members, the guardianship authority, the person themselves or their lawyer. Limited capacity is likewise restored once the reason has gone: the person has been treated, has stopped abusing alcohol or gambling.

Articles 38 and 42 of the Civil Code of Ukraine; Article 300(3) and (4) of the Civil Procedure Code of Ukraine

What not to do

Article 39(3) of the Civil Code of Ukraine; Article 299(3) of the Civil Procedure Code of Ukraine; Article 358 of the Criminal Code of Ukraine

Also avoid:

• agreeing to "turnkey guardianship" without a court and an examination — there is no such thing, and the money will be gone;
• missing the deadline for extending the decision;
• asking for a person to be declared incapable when limited capacity is enough. The court may refuse, and the person will lose more rights than necessary.

Frequently asked questions

How long does the case take?

The examination takes the longest. From filing to decision usually takes several months, in complex cases up to a year. Once the expert opinion is in, the hearing itself is short.

Is there a court fee?

In these cases court costs are borne by the state. The court can recover them from the applicant only if they acted in bad faith and without sufficient grounds (Article 299(2) and (3) of the Civil Procedure Code).

The person refuses to go for the examination. What can be done?

The court may order a compulsory referral, but only in exceptional cases where the person clearly evades it, and at a hearing attended by a psychiatrist (Article 298(2) of the Civil Procedure Code).

Does custodianship of a person with limited capacity give a deferral?

Article 23 has no separate ground for a custodian. A deferral for constant care is possible (Article 23(1)(9), (13) and (14)) if the relevant medical opinions or a disability group are in place.

I have already been mobilised. Can I become a guardian?

Under the ruling of the Joint Chamber of the Civil Cassation Court of 22.06.2026 (No. 305/1557/24), service in itself is not an automatic obstacle. But the court will check whether other people are able to act as guardian and whether you can realistically provide guardianship.

What happens to the ward's pension and flat?

The pension is received by the guardian and spent in the ward's interests. The guardian may sell, give away, exchange, divide or pledge the ward's home, land, car or other valuable property only with the permission of the guardianship authority (Article 71 of the Civil Code).

In short

• Incapacity and limited capacity are established only by a court, on the basis of a forensic psychiatric examination.
• A guardian for incapacity, a custodian for limited capacity. The law links deferral and discharge to guardianship.
• A decision on incapacity is valid for no more than 2 years. The motion to extend — no later than 15 days before the end of the period, with a new examination.
• A guardian is entitled to a deferral (Article 23(1)(10)), and a serviceman to discharge if no one else provides guardianship.
• Military service in itself is not an automatic obstacle to becoming a guardian (Joint Chamber of the Civil Cassation Court, 22.06.2026).

How we handle such cases:

• Family law;
• Military law: TCC, medical boards.

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