If a person has not appeared at their permanent place of residence for a year, and there is no information about their whereabouts, they can be declared missing. To do this, you need to go to court and obtain an appropriate decision. When the decision comes into force, you can resolve the issue of custody of such a person's property.
How to become a guardian of the property of a missing person - lawyers from the legal aid system explain.
Who can become a guardian of property?
A relative or family member of a missing person who
- has full civil capacity
- filed an application for appointment as a guardian of the property.
There can only be one guardian of the property.
Where to apply?
To the notary for
- conducting a property inventory
- appointment of a guardian of the property.
What property is being described?
That which is located at the last place of residence of a missing person, or where the main part of the property is located.
How is the property inventory done?
In the presence of two witnesses.
By them cannot be:
- notary who carries out the description of the property
- representative of the guardianship and trusteeship authority
- person who filed for guardianship of property
- family members and close relatives of a missing person
- people who cannot read or sign a property description.
What is stated in the inventory report?
- date and time of compilation
- notary data (full name, name of notary office or notary district)
- date of receipt of the application for custody of property, notary's authorization
- data about the participants in the inventory (full name, place of residence, if necessary - place of work)
- Full name of the person who is declared missing
- information about the person who filed an application for guardianship of property
- information about the property: its characteristics, condition, value.
How is a guardian appointed?
The notary issues a certificate of appointment of a guardian over the property and an inventory of such property, which is an integral part of the certificate.
When does custody of property end?
If the court decision declaring an individual missing is overturned.
Where to get legal support
Everyone can get free legal advice from the free legal aid system. Lawyers will advise you on how to act in your situation.
Some categories of people are also entitled to free legal aid when applying to court. These are IDPs, children, people with low incomes (able-bodied people – with income up to 6056 UAH/month; pensioners (by age, years of service) – 4722 UAH/month; disabled people – if their pension or social assistance is up to 6056 UAH), war veterans (other categories are listed in Article 14 of the Law of Ukraine «On Free Legal Aid»). Lawyers will study your circumstances in detail, if necessary, prepare and submit a statement to the court, and represent your interests in court.
How to apply to the BPD provision system