MPs of Ukraine from the OPPOSITION BLOC Vadym Novynskyi and Ihor Shurma registered the draft law No. 10203, the adoption of which will significantly simplify guardianship registration over persons who have severe mental disorders due to incurable diseases. The draft law proposes repealing the Civil Procedure Code on compulsory recourse to the court, collection of evidence of mental illness of an incompetent person by family members, every two years, in order to become a legal guardian and protect it.
The authors of the draft law emphasize that severe mental illness is a lifelong diagnosis, and accordingly, the status of an incompetent person and his guardian must also be established for life. Article 300 of the Civil Procedure Code of Ukraine proposes to establish that “in the case of the establishment of a chronic severe mental health disorder of an individual, due to its incurable and (or) progressive disease, the period of validity of the decision on recognizing an individual as incapable is not determined”.
MPs pay attention to the fact that for families with incapacitated persons on the state of mental health, it is extremely difficult to go through the procedure of confirming their incapacity every two years. The co-author of the draft law, MP Ihor Shurma believes that in its current version, Article 300 of the Civil Procedure Code is discriminatory in relation to the families of an incapacitated person.
“We propose to abolish the need to go to court every two years to confirm guardianship. Perhaps, over time, medicine will reach such heights, when irreversible processes in mental health become curable, and it will be possible to abandon this norm. In the meantime, we need to somehow make life easier for people who have already suffered,” Ihor Shurma emphasized.