Can a Serviceman Become a Guardian of an Incapacitated Person: What the Court Decided

The Vinnytsia City Court concluded that military service is not a legally established independent ground for refusing to appoint a person as a guardian. The court emphasised that the decisive factor is not the serviceman's status, but the candidate's actual ability to provide proper care for the ward. This approach aligns with the legal position of the Supreme Court.

Circumstances of the Case

The Executive Committee of the Vinnytsia City Council, acting as the guardianship and care authority, petitioned the Vinnytsia City Court to appoint the incapacitated person's nephew as guardian.

By a decision of the Vinnytsia City Court dated 25 September 2025, the person was recognised as incapacitated; however, at that time, the court did not establish guardianship or appoint a guardian. Following the death of the incapacitated person's mother, her nephew effectively provided constant care for his aunt, ensuring her treatment, household needs, and proper living conditions. He also received state financial assistance as a person caring for an individual with a disability due to a mental disorder. There were no other close relatives able to provide guardianship, and the nephew is the closest living relative.

The guardianship authority checked the candidate and established that he has full civil capacity, adequate living conditions, is medically capable of performing guardian duties, has no outstanding or unexpunged convictions, and there are no circumstances under Article 64 of the Civil Code of Ukraine that would preclude his appointment as guardian. Based on the results of this check, the guardianship authority submitted the relevant petition to the court.

During the case's consideration, the court also took into account that the candidate is serving in the military. The guardianship authority noted that this circumstance alone is not a legally established ground for refusal to appoint him as guardian, and such an approach has already been formulated in the practice of the Supreme Court.

Court's Position

The court stated that guardianship over an incapacitated person is established to ensure the protection of their personal non-property and property rights and interests. Therefore, when deciding on the appointment of a guardian, the court must primarily consider the ward's best interests. This involves assessing not only the candidate's formal compliance with legal requirements but also their actual ability to provide proper care, treatment, living conditions, and representation of the incapacitated person's rights and legitimate interests.

In case No. 127/38079/25, the court found that the nephew is the incapacitated person's closest living relative, lives with her, has provided constant care for a long time, possesses full civil capacity, has adequate living conditions, no convictions, no medical contraindications, and no other circumstances under Article 64 of the Civil Code of Ukraine that would preclude his appointment as guardian. Furthermore, his candidacy was supported by the guardianship authority.

The court specifically emphasised that military service alone is not an unconditional reason to refuse to appoint a guardian, as Ukrainian legislation does not contain such a prohibition. This circumstance should be assessed by the court only in conjunction with other evidence regarding the candidate's actual ability to perform guardian duties.

The court noted that this approach aligns with the legal conclusion of the Supreme Court, as set out in the ruling dated 27 November 2024, in case No. 341/1526/23. According to this ruling, military service itself does not preclude the possibility of appointing a person as guardian of an incapacitated person. When deciding such a matter, the court must evaluate the specific circumstances of the case and the candidate's actual ability to properly perform guardian duties.

Court Decision

Taking into account the conclusion of the guardianship authority, the family relationship between the candidate and the ward, the actual care provided by him, and the absence of convictions, medical contraindications, and other legal obstacles, the Vinnytsia City Court granted the petition of the guardianship authority and appointed the nephew as guardian of the incapacitated person.

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