Military Registration: How Caregiving Differs from Guardianship for Deferment

A TTC and SPC employee is speaking with a man. Photo: Lviv Regional TTC and SPC

For obtaining a deferment from mobilization, military duty-bound individuals must critically distinguish between permanent caregiving and guardianship. These two legal statuses have dramatically different procedures for official registration, grounds for approval, and the duration of the deferment itself.

This is reported by News.LIVE citing the Resolution of the Cabinet of Ministers of Ukraine No. 560.

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What legal status of a sick relative matters for deferment

To legally arrange exemption from mobilization due to family circumstances, those subject to military duty must clearly understand the legal boundary between guardianship and permanent caregiving. The main criterion is the patient relative’s ability to make decisions independently.

If a person, due to age, chronic illnesses, or disability, requires only physical help with daily living but retains a clear mind, this is permanent caregiving. For example, when a son lives with a father who has first-degree disability, such a relative remains fully capable under the law.

In contrast, guardianship is applied in much more complex situations when the sick person is officially declared incapacitated. This usually occurs due to serious mental disorders or diagnoses such as “senile dementia.”

In such a condition the person is not capable of understanding or controlling their actions at all and cannot make any independent decisions. An official guardian in this case obtains the right to represent the interests of their ward in all everyday and legal matters.

The initiation of the procedure and the bodies that make the final decision are also radically different. Permanent caregiving can be arranged by the social protection body, based on medical documents, with the initiator always being the person in need of assistance. In such cases, only one caregiver is appointed, who is entitled to receive a monthly cash compensation.

The guardianship process is started by the future guardian themselves. The corresponding status is approved solely by a court upon an official submission by the guardianship authority. Usually judges appoint one person, but the law leaves them the right to approve several guardians simultaneously. Subsequently these representatives may apply for special social benefits and government material assistance.

News.LIVE reported that any changes in the family can become grounds for obtaining or reviewing a military deferment. The birth of a child, changes in the family composition, or the need to constantly care for a sick relative give a legal right not to serve. However, every such life situation must be confirmed by official documents.

The law guarantees deferment even for men whose children died during hostilities. However, if the son died, for whom the father had once been deprived of parental rights, a serious conflict arises between the Family Code and mobilization rules. Because of this collision, TTC often denies deferment, and lawyers must prove the person’s right through the court.