To arrange care for an elderly person, you must submit the necessary documents to the relevant authority along with an application and obtain a document confirming the provision of such care.

Documents confirming the provision of care include:

• A certificate from the medical advisory commission confirming the need for care.
• An act confirming the fact of care being provided.
• A certificate of receiving compensation (assistance, allowances) for caregiving.
• An act on the assessment of the family’s living conditions.

Legal Aspects of Arranging Care for Elderly People

The process of arranging care for an elderly person involves several legal aspects, including:

• Care provided by the elderly person’s relatives or trained specialists.
• The establishment of guardianship.
• The possibility of care being arranged through a service agreement or a lifelong maintenance contract.
• Eligibility for compensation and social payments for caregivers.
• Protection of the social and legal rights of the elderly person.

Who Has the Right to Care for Elderly People or Parents?

Care for elderly individuals can be provided both professionally and non-professionally.

Professional care

Professional care is provided by individual entrepreneurs or legal entities registered in the Social Service Providers Registry. They must have undergone appropriate training and adhere to government standards for social services.

Non-professional care

Non-professional care is provided by family members of elderly individuals who live with them, share a household, and have mutual rights and obligations.

Grounds for Establishing Care for Elderly People

For non-professional care to be legally established, the elderly person must be a family member of the caregiver, live with them, share a household, and have mutual rights and obligations. Additionally, they must be:

• A person with a Group 1 disability.
• An elderly person with cognitive impairments.
• A terminally ill patient who, due to physical impairments, cannot move independently or take care of themselves.

Steps to Arrange Care for an Elderly Mother

To arrange care for an elderly family member, follow these steps:

1. Visit a family doctor – The elderly person must see a doctor, who will refer them to the medical advisory commission to obtain a certificate confirming the need for constant care.
2. Apply to the Social Protection Authority – The caregiver must submit the required documents to the relevant social protection office to obtain an act confirming the provision of constant care or an assessment of the family’s living conditions.
3. Receive a confirmation document – Once all checks are completed, the caregiver will receive an official document confirming the provision of constant care.
4. Apply for guardianship if needed – If the elderly person requires full guardianship, the caregiver must apply to the court for the person to be declared legally incapacitated and establish guardianship.

Required Documents for Caring for an Elderly Relative in Ukraine

• Application to provide social services on a non-professional basis.
• Application to receive social services.
• Copies of passport, identification code, and residence registration of both the caregiver and the elderly person.
• Documents confirming family ties (e.g., birth certificate).
• Medical commission conclusion confirming the elderly person’s disability (if applicable).
• Medical documents confirming the need for constant care.
• Medical documents of the caregiver proving their ability to provide care.
• A certificate from the Social Protection Authority confirming whether the caregiver receives social assistance for caregiving.
• Additional documents may be required.

Rights and Responsibilities of Caregivers and Guardians of Elderly People

Caregiver Rights

• Compensation for caregiving (the amount depends on the subsistence minimum and family income).
• Deferral from mobilization and eligibility for military discharge.

Caregiver Responsibilities

• Providing necessary and quality care.
• Ensuring health and safety of the elderly person.
• Notifying social services of any changes affecting caregiving.

Guardian Rights and Responsibilities

• A guardian acts on behalf of the incapacitated person in all legal matters.
• The guardian is responsible for any harm caused by the elderly person.
• The guardian must ensure proper living conditions, care, and medical treatment.
• The guardian must protect the civil rights and interests of the elderly person.
• Annual reporting to the guardianship authority is required, including details of financial management and care.

Guardians and their close relatives CANNOT:

• Enter into contracts with the elderly person except for gift agreements or free-use agreements.
• Make donations or act as a guarantor on behalf of the elderly person.
• Sign major contracts (e.g., real estate transactions) without approval from the guardianship authority.

Social Guarantees for Elderly People and Caregivers in Ukraine (2025)

For elderly people:

• Social payments.
• Free medical care and dental prosthetics.
• Social protection.
• Subsidies for utility bills.
• Public transport benefits.
• Free legal assistance and more.

For caregivers:

• Care compensation (amount depends on the living wage and family income).
• Compulsory state pension insurance.
• Deferral from mobilization.
• Permission to travel abroad in case of martial law.

Can You Get a Military Deferral for Caring for an Elderly Mother?

Under Ukrainian law, providing constant care for an elderly mother is a valid reason for a military deferral.

When applying for a deferral, you must provide the following documents:

• Copies of passport, identification code, and military ID of the caregiver.
• Copies of passport, identification code, and pension certificate of the elderly mother.
• Copies of a medical commission certificate or a doctor’s report confirming the need for constant care.

Legal Assistance from “ES & Partners”

The legal firm “ES & Partners” provides professional legal support for caregivers and helps with:

• Proper documentation for caregiving.
• Legal consultations on all related issues.
• Full support in obtaining deferrals from military service.

We ensure that the process is as smooth and efficient as possible. Your peace of mind and legal security are our top priorities!

Author of the Article

Olga Yevgenivna Shymanovska – a lawyer with extensive experience in commercial and civil law, specializing in dispute resolution and legal support for businesses.