Guardianship of an elderly person: after 80 years, how to arrange it, how much they pay

Another interesting question came to our editorial office: “Tell me, how much do they pay and is the total length of service for caring (guardianship/patronage) for elderly people over 80 years of age?”

As a person ages, it becomes increasingly difficult to resist the challenges of modern life. If in a socialist state the retirement period was not always perceived as a “well-deserved rest,” although it was called that way, then in the harsh modern realities, older people feel especially unprotected.

For them, a period of life comes when it is difficult to take care of themselves even in everyday life, and then there are diseases that occur more often and are more difficult to endure. In such a situation, it becomes impossible to do without outside help.

The state has provided the opportunity for persons over 80 years of age to receive such assistance from other citizens. This assistance was expressed in the provision of compensation for care (CLP) for an elderly disabled person. This money is allocated along with the required pension to the person who needs care.

The allocation of money is made by the Pension Fund of Russia if there is an able-bodied citizen who is ready to care for an old person who is 80 years old or older.

Who can count on KVU when caring for an 80-year-old man?

Anyone can care for an elderly pensioner. But in order to use the KVU, you must meet certain conditions:

• be an able-bodied citizen who is not working;
• not receive pensions and not be registered with the employment service, that is, not be listed as unemployed.

It does not matter whether the trustee is a relative or a stranger; whether he lives with the person under his guardianship under the same roof or just comes to help.

If a person is recognized as capable and does not work, he can also take care of the elderly. Students and students can count on receiving a KVU, since studying is not considered work, and the presence of a scholarship is not taken into account.

At the same time, from the point of view of the possibility of providing a CLC, entrepreneurial activity (IP) or other activity formalized through an employment or civil law contract - lawyer, security guard and other similar activities - is considered as work.

For example, if a citizen, being an entrepreneur, is temporarily unemployed, then when caring for an elderly relative, he cannot count on the HLC. When he loses his status as an individual entrepreneur - then please.

When is the right to a KVU lost?

Let’s say that there was a person who agreed to care for the old man and received the right to CWU. The courtship process has begun and continues happily. It can be interrupted by newly arising circumstances of the following nature.

1. One of the two dies, the caregiver or the ward. This is the natural ending of a relationship.
2. The ward is not satisfied with the way he is being cared for, and writes a statement to the guardianship authorities about this. After the inspection, an act is drawn up, and payments to the trustee are stopped.
3. The ward is placed in a hospital, municipal or state. Now he will be looked after there, and the KVU will have nothing to pay the former trustee for.
4. The trustee retires, or receives unemployed status, or, conversely, gets an official job.

In this case, he is obliged to inform the guardianship authorities and the Pension Fund of the Russian Federation within 5 days that his status has changed and he has lost the right to receive a KVU. If he does not do this, then the illegally obtained money will be collected from him and sent back to the treasury.

What documents need to be provided to register a CLC?

Persons wishing to care for an elderly person are required to prepare the following package of documents:

• a passport certifying the fact that the person is an able-bodied citizen of the Russian Federation;
• work record book, which shows that the proposed guardian is not employed;
• own statement of intention to care for the ward;
• a certificate from the local Pension Fund stating that he is not entitled to a pension and payments are not being made;
• a certificate from the employment agency stating that he is not listed as unemployed.

The package must also contain documents from the ward:

• his passport as a citizen of the Russian Federation and work book;
• a statement of consent to receive care from the proposed guardian, duly executed;
• a document on a medical examination of the ward, confirming the fact of his need for outside care; If the person under guardianship is over 80 years old, then such a certificate is not required.

The decision to appoint a CLC (or refusal) is made at the local PFR office within 5 days, counting from the submission of documents (if the package is incomplete, then the date of acceptance of documents is postponed until the complete set is reached).

The money must be paid in the same month when a positive decision is made.

KVU size

Pensioners who have reached 80 years of age cannot always count on outside help. If a person after 80 years of age has the status of an individual entrepreneur, or, for example, teaches at an educational institution, then he is considered able to work and is not required to take care of him.

KVU is compensation for able-bodied persons who are not working and spend their time and effort caring for an old, disabled person. This subsidy is paid by the state from its own funds, and today its amount is 1,200 rubles.

KVU is relied upon for each ward, and if a person takes care of two pensioners or disabled pensioners after 80 years of age, then he receives 1,200 x 2 = 2,400 rubles monthly.

In addition, the KVU is subject to increase at the expense of the regional coefficient in those regions in which such a coefficient is applied, including to pensions. For example, in the Tyumen region, in the Nenets Autonomous Okrug, such a coefficient applies; it is equal to 1.6. Accordingly, KVU = 1920 (1200 x 1.6).

Indexation for KVU is not provided for by the current legislation of the Russian Federation.

The amount of 1,200 rubles, of course, cannot be enough to cover all care problems. But this is an additional payment to a pension, financial assistance from the state, in case there is a kind soul who wants to help a pensioner overcome, at least partially, the discomfort of old age.

If such a kind soul is not found, and the pensioner still needs care, then the state can provide him with care from social services, completely free. This right is guaranteed to the pensioner.

What responsibilities must be performed to care for a pensioner?

A person who wishes to care for an elderly pensioner must clearly understand what his responsibilities will be. These include:

• providing assistance to the ward in everyday matters and physical care;
• purchasing food, clothing, hygiene items and everything necessary;
• payment of utilities, taxes and bills from the funds of the ward, performing necessary monetary transactions in his interests;
• in all life situations it is necessary to protect the rights of the person under guardianship and protect his interests.

As for financial transactions, the guardian is required to submit a written report to the guardianship authorities annually.

Is time spent caring for a pensioner included in length of service?

Yes, in accordance with Article 12 of the Law “On Insurance Pensions” No. 400-FZ. It turns out that the KVU, as state support, motivates the trustee not only with money, but also with the opportunity to replenish the length of service in anticipation of a future pension.

For 1 year of care, the caregiver earns 1.8 points, and this year itself is included in the work experience.

If care is provided for several pensioners or disabled people over 80 years of age, and there is a spread of dates, then the length of service includes the total period during which care was provided for at least one disabled person.

The years are counted once, and the increase in points is applied once, regardless of how many disabled persons were in the care of the guardian - that is, the fact of care itself is important for the length of service . But the guardian receives money (KVU) for each person under his care.

If you don’t have enough insurance coverage to retire, what should you do? Read our author's advice.

What is residential aged care?

There is no such thing in the legislation of the Russian Federation as “guardianship of an elderly person with the right to subsequent inheritance of property.”

That is, the guardian will NOT inherit the property of the ward, including housing. But nothing prevents the person under guardianship from leaving some of his property, including housing, to his guardian at his own request.

• And for a person who does not have housing or even hope of acquiring it, the chance to inherit an apartment is also extremely tempting, even if he has to devote several years to the unpleasant work of caring for the elderly.
• Here the interests of the parties coincide, and, subject to a conscientious attitude towards mutual obligations, both parties will receive what they want.

Unfortunately, there are abuses on both sides, and a pensioner, as a more vulnerable person, often becomes a victim of negligence, or even outright fraud.

But, if we do not touch upon criminal or moral issues, then cooperation between the guardian and the ward, based on the inheritance of housing, can be mutually beneficial.

You just need to formalize everything correctly from a legal point of view, with an agreement and (or) a will, certified by a notary. When drawing up a contract, you must try to take into account possible risks on both sides and reduce them to the maximum extent possible.

There are few contracts of this kind, for example, annuities, since each party is afraid of being deceived:

1. Old people are afraid of the possibility of being left alone with scammers.
2. Potential renters fear that the burden they will shoulder will be unbearable.

Elderly people often try to conclude a rental agreement not with a private person, but with the state. In this case, care can be received minimally, but guaranteed. Most often this is living in a nursing home, where the elderly are under supervision and medical supervision.

Conclusion

Caring for the elderly involves many burdens that cannot be compensated for by the small amount of money you can get for it. And the pension authorities have all the powers to check how well the guardians are caring for their wards.

It is expected that caring people who really want to help pensioners, brighten up and make their lonely old age easier, will apply for assistance in caring for the elderly.

Many old people are left alone with her, forgotten by carefree children or not bothering to have them. It’s too late to fix anything; you can only hope that good people will not leave you.

And indeed, such people exist. And the state, for its part, unobtrusively pushes them to choose this path.

Source: https://opensii.info/answers/uhod-za-pozhilymi-lyudmi-starshe-80-let/

Guardianship of an 80-year-old elderly person: Methods of registration

Guardianship of an elderly person over 80 years old is a way to help a citizen who has reached a certain age and cannot care for himself independently.

If a person wants to obtain guardianship over an elderly person over eighty years of age, he will have to collect a package of documentation and write a corresponding application.

The procedure is not complicated, but has a number of nuances that you need to know about in advance. Has nothing to do with a life annuity agreement.

Contents of this article:

Guardianship of an elderly person over 80 years of age is an opportunity that the state allows the relatives of a person who has reached old age or other loved ones to take advantage of.

Over time, older people find it increasingly difficult to take care of themselves. They need support and help.

Read also: Division of land during divorce

The responsibility for caring for and representing interests is usually assumed by the relatives of the elderly person.

However, to avoid problems, it is necessary to officially register the possibility of providing assistance to the ward.

To do this, you need to obtain guardianship. Performing the manipulation gives the relative a number of rights and responsibilities over the ward.

• However, the procedure has a number of features that you need to know about in advance.
• To get answers to your questions, you need to familiarize yourself with the latest information on the topic.
• Guardianship of an elderly person over 80 years of age is a way of providing assistance to an elderly person who has lost the ability to independently perform everyday manipulations and take care of himself.
• Guardianship is formalized and includes:

• supervision,
• providing assistance with daily activities,
• representation of legitimate interests.

1. To obtain guardianship, a potential applicant for status will need to go through the procedure established by current legislation.
2. After completing the actions, the person will acquire rights and responsibilities in relation to the ward.
3. To know all the aspects involved in guardianship of an elderly person after 80 years of age, you need to refer to the current legislation.
4. A person applying for guardianship status must study:

• Civil Code of the Russian Federation and Investigative Committee of the Russian Federation,
• Articles 32 and 35 of the Civil Code of the Russian Federation, which provide the concept of guardianship and disclose the legal status of the guardian,
• Federal Law No. 48, which describes the procedure for registering guardianship.

If representatives of the relevant government agency determine that the elderly person cannot cope with daily activities on his own, a guardian will be appointed within 30 days.

Important: guardianship of an elderly person over 80 years of age is voluntary. A citizen cannot be involved in caring for a relative in need of help against his will. However, if a person refuses guardianship or for some reason was deprived of his rights, he will not be able to again receive the opportunity to take care of an elderly relative.

• The main responsibility of a guardian is to protect the legal rights and interests of the ward.
• Action can only be carried out in accordance with the procedure established by law.
• So, there are a number of actions that the guardian cannot perform. These include:

• enter into transactions on behalf of the ward, the parties to which are the guardian himself and the ward,
• spend money that belongs to the ward on himself,
• sell, lease or temporarily use the property of the ward without the consent of the relevant government body,
• make decisions that will lead to negative changes in your financial situation.

1. Guardianship of an elderly person over 80 years of age can be paid or gratuitous.
2. In most cases, there is no payment for the care and representation of the interests of an elderly person, but in some cases an agreement may be concluded that involves the transfer of funds for guardianship.
3. In order to receive money for performing duties, you must indicate this desire when drawing up an application sent to the appropriate government agency.
4. Guardianship of an elderly person over 80 years of age can only be granted if the applicant meets all the requirements.
5. If a discrepancy is identified during the examination of the candidate, government agency employees will refuse to complete the registration procedure.

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If a person wants to obtain guardianship for an elderly person over 80 years of age, he must meet the requirements set out in the current legislation.

Important: a relationship between the ward and the potential guardian is not necessary.

To be eligible to represent and care for an older person, a candidate must meet the following requirements:

• reach the age of 18 years,
• have no criminal record,
• be mentally healthy
• do not suffer from alcohol addiction,
• do not use drugs,
• have no restrictions on legal capacity,
• obtain the appropriate permission,
• obtain the consent of the person whom the person plans to care for.

• If a person wants to help an elderly person, this process can be formalized in the form of guardianship or patronage.
• Guardianship is issued only if, due to age, a person is unable to care for himself independently.
• It is possible to obtain full guardianship over a citizen only if there is a medical certificate confirming his complete incapacity.
• A similar opportunity is provided if the person is over 80 years old.
• You can register for patronage of an elderly person by obtaining medical documents giving the corresponding right.
• A person wishing to receive patronage care will have to undergo a medical examination.
• Next, the prepared documents are submitted to the relevant government agency, which will decide whether the person can count on the appointment of patronage.

If a person is over 80 years old, he can apply for registration of both guardianship and patronage over him.

At the same time, it is not necessary to recognize the lack of legal capacity of the ward.

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In addition to the established requirements, it is necessary to comply with the conditions for registering guardianship over a person after 80 years of age.

To perform the procedure, you must take into account the following rules:

• if an elderly person has mental disorders, care for him can only be formalized in the form of full guardianship,
• if the person providing household assistance to an elderly person is a representative of social protection authorities, he will not be able to formalize guardianship,
• both parties who will take part in the event must agree to the registration of guardianship,
• family relationships do not affect the possibility of obtaining guardianship,
• an agreement is concluded between the elderly citizen and the guardian,
• if an elderly person is a disabled person of the first, second or third group, but this status was obtained due to health problems not related to the psyche, care can be provided in the form of patronage.

During registration, you must fill out the full contract form.

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1. To obtain guardianship of an elderly person after 80 years of age, you must refer to regional legislation.
2. It will clearly indicate the main actions that a person will have to perform.
3. There may be a number of differences between the manipulation schemes, but there is a list of actions that residents of all regions must perform.

The registration procedure begins with submitting an application. The senior citizen sends the paper to the guardianship and trusteeship authorities at his place of residence.

At the same time, it is necessary to provide documents confirming the presence of a medical diagnosis, which gives the right to receive help from other citizens.

• At the same time, a citizen who plans to become a guardian must send an application confirming his consent to provide assistance to the elderly citizen and protect his legal rights.
• In addition, the parties must develop a draft agreement, which will subsequently be concluded between them.
• Additional documents will also be required. These include:

• certificates confirming the absence of drug addiction, mental illness and tuberculosis,

• characteristics from the place of work or study,

• paper that allows you to get an idea of ​​your health status,
• documents confirming that the guardian has his own home.

The list of required documentation can be expanded. Regional authorities have the right to add additional papers to the list.

To find out the exact list, you need to contact your local guardianship and trusteeship authorities.

When the package of necessary documentation is received, government agency employees will begin making a decision.

If there are no reasons for appointing patronage, the registration of guardianship will be refused. The applicant will be notified of this in writing.

If representatives of the government body consider that patronage can be issued, a written order will be drawn up to establish guardianship.

Copies of it will be given to the senior citizen and the person who has expressed a desire to provide care and represent the legal interests of the ward.

Important: government agencies must appoint an assistant within 1 month from the moment it is discovered that a person needs help.

Then an agreement is concluded that fixes the rights and obligations of the parties.

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If a person whose age has not exceeded 80 years has not been declared incompetent, guardianship over him is carried out in the form of patronage.

Official registration of the opportunity to provide assistance and protect the interests of an elderly citizen gives the guardian the right to apply for a monetary payment.

Its size today is 1,200 rubles. The funds are allocated from the capital at the disposal of the Social Insurance Fund.

However, money is paid only to persons who:

• are legally capable
• are of working age,
• does not work.

If one of the rules is violated, no payment will be given. So, if a person gets a job, he will lose the opportunity to receive additional payment.

Violation of other rules works in a similar way.

Important: the time that a guardian devotes to caring for an elderly person will be taken into account when calculating the total length of service.

The scope of powers that will be vested in the citizen caring for and representing the legitimate interests of the ward depends on the basis for establishing guardianship.

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Source: https://yurface.ru/zakon/opekunstvo-nad-pozhilym-chelovekom-80-let/

How to obtain guardianship over an elderly person before and after 80 years of age: how to become a guardian, how much they pay, registration procedure

Home / Guardianship / Guardianship of an elderly person before and after 80 years of age

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It's not just young children who need care. Adults who, due to illness or old age, cannot take care of themselves, also need care, help, and care.

The legislation of the Russian Federation provides for the concept of establishing guardianship over elderly people.

In this article we will look at who has the right to outside care, who can be a guardian, where to go to take guardianship of elderly people under and over 80 years of age?

Legislation

The grounds for appointing guardianship over a disabled person or an elderly person, rules and procedure are contained in the following legal acts:

What does guardianship of an elderly person mean?

Civil legislation provides for the following types of care for elderly people:

1. Guardianship (trusteeship) is appointed if a person is declared legally incompetent (partially competent) by a court decision, regardless of age.
2. Patronage is prescribed if an elderly or seriously ill person cannot take care of himself, but is of sound mind.

Let's take a closer look at what guardianship and patronage of an adult is.

Guardianship of an incapacitated person

Guardianship (trusteeship) is appointed over a person who, by a court decision, is declared incompetent (partially capable).

The reason for declaring a person incompetent (or partially capable) is not old age, but a mental disorder due to which the person does not understand the meaning of his own actions (or only partially understands the meaning of his own actions) and cannot guide himself .

This condition does not always depend on age.

A relatively young person, due to mental illness, may be declared incompetent and, accordingly, in need of guardianship.

And vice versa: an elderly person who maintains a clear mind and is aware of what is happening does not need to be assigned guardianship or trusteeship.

But if an elderly person suffers from dementia or other mental disorders, guardianship or guardianship may be established over him - after a court decision is made to declare him incompetent .

Guardianship must be appointed no later than 30 days after the court decision declaring him incapacitated has entered into legal force. If there is no candidate for guardianship, the powers of the guardian are transferred to the guardianship department.

Read also: Large families in St. Petersburg: benefits, payments, travel, plots

Guardianship means...

• physical care (daily assistance, buying groceries and medicines, paying bills, performing various tasks, accompanying you to the clinic);
• legal representation on behalf of the ward in all government bodies and private organizations (in particular, receiving and managing payments of pensions and benefits intended for the ward) - without a power of attorney.

Patronage

Patronage is sometimes called old age care because it is often prescribed for older people (usually over 80 years of age) who cannot take care of themselves, but do not need care because they do not have mental disorders and remain clear-headed.

The age limit for a person who may require foster care is not established by law. Relatively young people (up to 80 years of age) may also need foster care due to an illness not related to a mental disorder.

Conditions for assigning foster care:

1. An elderly or sick person must give written consent to the appointment of patronage care;
2. The assistant who is appointed to provide patronage assistance must also give written consent (Clause 2 of Article 41 of the Civil Code of the Russian Federation);
3. The personality of an assistant is not subject to such high requirements as the personality of a guardian or trustee. The only restriction is that the assistant cannot be a social service worker assigned to a pensioner or disabled person (clause 2 of Article 41 of the Civil Code of the Russian Federation);

Typically, an old age guardian is a relative, friend or other loved one.

An unemployed and able-bodied person can obtain the status of an assistant, primarily because patronage support for an elderly person takes a lot of time and effort. The activities of a patronage assistant can be included in the work book for calculating work experience.

The responsibilities of an assistant assigned to an elderly or sick person are similar to those of a caregiver (daily assistance, shopping for groceries and medicines, preparing meals, paying utilities).

However, the assistant does not have the right to dispose of the funds of a person under patronage; representation of his interests and disposal of his property is permissible only on the basis of a power of attorney or other agreement (Clause 3 of Article 41 of the Civil Code of the Russian Federation).

Guardianship of an elderly relative after 80 years of age

Legally unsavvy citizens often have questions about obtaining guardianship over an elderly parent or other close relatives, such as a grandparent, aunt or uncle. Is advanced age a sufficient reason to obtain guardianship?

Question

This year my mother turned 80 years old. Due to her advanced age, she needs constant care and help around the house. In addition, I doubt her mental integrity - she is forgetful, gullible, suspicious, and can easily become a victim of scammers or unscrupulous neighbors, nurses, and sellers.

How can you properly obtain custody of your mother?

Answer

Until your mother (or another relative) is recognized by the court as incompetent (or partially capable), she is not subject to transfer into guardianship .

The only thing that is permissible in this case is patronage, that is, everyday help around the house, buying groceries, monitoring medication intake, accompanying you to the clinic, and so on - without the right to dispose of a person’s funds and property.

According to Russian legislation, guardianship is assigned regardless of age. The only basis for guardianship is incapacity established in court; the basis for guardianship is limited legal capacity established in court (Article 29 of the Civil Code of the Russian Federation).

How to become a guardian for loved ones?

First of all, you need to prepare and submit a statement of claim to the court to declare a loved one incompetent, in which you set out all the circumstances indicating the inability of an elderly person to manage himself and understand the meaning of his own actions (Article 281 and Article 282 of the Code of Civil Procedure of the Russian Federation).

As evidence, the claim must be accompanied by medical certificates about senile mental illness, and a request for a forensic psychiatric examination (Article

283 of the Code of Civil Procedure of the Russian Federation), as well as documents confirming family ties or cohabitation, which gives the right to go to court.

Representatives of the Guardianship and Trusteeship Authority (on which the appointment of guardianship will depend in the future) and the prosecutor's office (who monitor compliance with the rights of citizens) must be present at the court hearing.

After the court makes a positive decision, you can begin the procedure for registering guardianship, which is set out below (Article 285 of the Code of Civil Procedure of the Russian Federation).

Grounds for appointment of guardianship

So, in what cases can you take guardianship or care of an elderly relative?

Old age alone (even over 80 years old) or a condition in which you have reasonable doubts about a person’s ability to reason sensibly and govern themselves is not enough to appoint guardianship!

The only basis for appointing guardianship over an adult is the presence of a court decision declaring him incompetent, which has entered into legal force. A court decision to recognize a person as having limited legal capacity is the basis for the appointment of guardianship .

The decision to appoint guardianship or trusteeship is made by the local authority and self-government - based on...

1. a court decision declaring incompetent or partially capable, which has entered into legal force;
2. statements of desire to become a guardian or trustee received from a relative or other close person;
3. conclusion of the Guardianship and Trusteeship Authority on the possibility of becoming a guardian or trustee.

Guardianship or guardianship may be...

• Gratuitous : performed on a voluntary basis;
• Paid

Source: http://law-divorce.ru/opekunstvo-nad-pozhilym-chelovekom-do-i-posle-80-let/

How much do they pay for guardianship of an elderly person in 2020?

Elderly citizens need outside care. This responsibility often falls on the shoulders of relatives.

A person caring for an elderly person takes on responsibilities for organizing the pensioner’s meals and daily life, and makes purchases and payments on his behalf.

Carrying out such activities takes a significant amount of time. Let's take a look at how much they pay for guardianship of an elderly person.

Grounds for appointing guardianship over an elderly person

In accordance with legal norms, guardianship is assigned exclusively to incapacitated citizens. If a person has limited legal capacity, then guardianship is appointed over him.

The following are incompetent:

• minors aged 0 to 13 years;
• adult citizens declared incompetent by a court decision.

Legally, senior citizens include:

• women aged 56 to 70 years;
• men aged 61 to 70 years.

In common parlance, men over 61 and women over 56 are considered elderly. A citizen's attainment of old age does not entail loss of legal capacity. Even if age-related changes have resulted in mental disorders, a person can only be declared incompetent by a court decision.

The following types of care are provided for adult citizens:

• guardianship - over incapacitated citizens;
• patronage - for persons with disabilities;
• care – for elderly people over 80 years of age.

The law does not establish benefits for a citizen acting as a guardian or trustee of adults.

Regulatory regulation

Issues of guardianship and trusteeship of adult citizens are regulated by the following regulations:

• The Constitution of the Russian Federation (Article 39) guarantees the right to social security in accordance with the age of the recipient;
• Family Code (establishes the possibility of receiving financial support from able-bodied adult relatives for older citizens);
• Civil Code (determines the conditions for appointing guardianship);
• Federal Law No. 48 of 2008 (establishes requirements for a guardian and the reasons for appointing guardianship);
• Government Decree No. 423 of 2009 (determines the procedure for selecting citizens wishing to become guardians);
• Government Decree No. 343 of 2007 (establishes rules for the payment of compensation for citizens caring for elderly persons over the age of 80).

Who can be a guardian

To appoint guardianship over an incapacitated elderly citizen, the candidate must collect a certain list of documents and obtain an opinion from the district guardianship department. Both an individual and the head of an organization can act as a guardian.

General requirements for a guardian:

• no criminal record for crimes against life and health;
• having full legal capacity;
• absence of a number of diseases, including alcoholism and drug addiction;
• no criminal record for serious crimes.

It is important to know! The law does not provide for remuneration or other payments to guardians of adult citizens.

Caring for a senior citizen

If a citizen is not declared incompetent, he does not need to appoint a guardian. In this case, the following citizens have the right to care:

• a person who has reached 80 years of age;
• a citizen in need of constant outside care based on the conclusion of a medical commission;
• disabled person of group I.

Continuous care can be provided by:

• relatives;
• any other citizens;
• employees of social services providing social services at home.

Care refers to the following actions:

• purchasing food, clothing, hygiene items;
• organization of everyday life and food;
• payment of utility bills.

Expenses for servicing a citizen are made from his personal funds (pension, other savings). There is no special reporting form for the expenditure of funds.

Who can care for an elderly person

Requirements for a citizen providing care:

• minimum age 14 years;
• maximum age for women is 55 years, for men 60 years;
• lack of official employment;
• no pension;
• the person is not registered with the employment center.

Important! The caregiver is entitled to receive compensation payments.

How to make a payment

The organization responsible for assigning and transferring compensation for citizens providing care is the Pension Fund. The law provides for the possibility of providing assistance to several elderly persons at the same time. In this case, compensation is assigned for each ward.

Compensation payment is not assigned in the case of caring for a citizen who receives 2 pensions. The right to a second pension is given to military pensioners, firefighters, security forces, employees of the penal system, drug control services and the State Guard.

The law does not oblige a citizen caring for a pensioner to live with him.

List of documents

To receive compensation, the applicant must submit the following documentation to the Pension Fund:

• passport;
• statement of the citizen providing care;
• statement from an elderly person;
• information about lack of employment (work book);
• a certificate from the employment center stating that the applicant is not registered;
• civil passport and work book of a pensioner;
• conclusion of a medical commission on the need for constant outside care;
• certificate from the educational institution (for the student);
• certificate from school (for a student);
• parental permission (if the applicant is under 16 years of age);
• permission from the district guardianship department (if the applicant is under 16 years of age).

Employees of the authorized body must independently find out whether the pension was assigned to the applicant and whether the senior citizen has a second pension.

Amount of benefit and procedure for registration

The amount of compensation payment varies depending on the region of application. The basic amount is 1200 rubles. Depending on the regional coefficient, the amount may be increased.

A special feature of the payment is that the funds are not transferred directly to the recipient, but together with the senior citizen’s pension. The pensioner must independently transfer the payment to the caregiver.

Compensation is paid not only for the current month, but also for the previous period. The maximum period of claim for past time is 3 years if the pensioner has reached 80 years of age.

To receive the payment you must submit an application. The law provides for the following treatment options:

• in person to the district office of the Pension Fund;
• through the electronic portal of the State Service;
• with the help of a trusted person.

Read also: Agreement on the division of property of spouses: sample, cost

The application review period is 10 days. If the authorized body refuses to assign a payment, then an official refusal is sent within 5 days. The maximum period for correcting defects is 3 months.

If a pensioner moves to another district or city, the Pension Fund stops making payments at his request. The payment is assigned by the Pension Fund branch at the place of new residence from the 1st day of the next month.

The FIU office has the right to require the caregiver to update documentation.

Reasons for stopping payments

If there are reasons to terminate the payment, the pensioner or citizen caring for the care must inform the authorized body in person or through the State Services electronic service within 5 days.

Reasons for stopping payments:

• death of a pensioner or compensation recipient;
• employment of the recipient;
• assigning a pension to the curator;
• registration at the employment center.

The law gives the right to terminate payments to:

• pensioner;
• recipient;
• social bodies.

If a citizen provides care improperly, ignores his duties, or has committed a crime against a pensioner, then social service employees have the right to submit a request to the Pension Fund to terminate payments.

The month in which the events that led to the termination of compensation occurred is paid in full. Payments stop on the 1st day of the next month.

Let's sum it up

The law does not provide for the payment of benefits or remuneration for the guardian of an elderly person. The only type of material support can be compensation for caring for a person who has reached 80 years of age, is disabled in group I, or needs outside help. The amount of compensation is 1200 rubles. The amount may be increased due to the regional coefficient.

Source: https://glavny-yurist.ru/razmer-oplaty-za-opekunstvo-nad-pozhilym-chelovekom.html

How much do they pay for guardianship of an elderly person 2020 - benefits, additional payment, after 80 years

Many older people are afraid to be alone when they need help. These are the people who need care.

Therefore, the current legislation introduces new amendments to the bill, which stipulates the main features of registering guardianship over older people.

Legislative regulation

• At the moment, the issue of guardianship of older people is regulated at the legislative level
• Basically, this action is carried out on a reimbursable basis.
• This issue is regulated by the following acts:

1. Family Code, which stipulates the main points of obtaining guardianship.
2. Civil Code, which specifies the rights and obligations of the parties.
3. Federal Law No. 48-FZ on guardianship, which stipulates the nuances.

In addition, there are some regulations that also address the issue of guardianship of older people.

Kinds

Guardianship for the elderly is divided into several types. Therefore, before formalizing guardianship, it is necessary to study all the main nuances and features of each type.

The Civil Code stipulates two types of guardianship: full guardianship and patronage.

Full

Full guardianship involves caring for a sick elderly person who, due to age, does not understand the essence of actions or cannot manage them.

This may be due to mental disorders or other diseases. Such a person is declared incompetent by a court decision.

Once the decision is in hand, guardianship can be established over the incapacitated person.

But it is worth calculating your strengths correctly, since such citizens may behave inappropriately. Once guardianship is completed, the trustee will be required to perform all actions on behalf of the ward, namely, manage pension income and benefits not in the interests of his personal needs.

The trustee undertakes to buy food, provide things and pay utilities. Similar obligations are fulfilled by the trustee who has taken custody of the child.

Patronage

Patronage is the provision of assistance to an adult and capable person in protecting his rights and obligations.

Due to some circumstances, this person cannot do this, so patronage is involved. At the request of a person who, due to health reasons, cannot perform the above actions, this form of guardianship may be established.

A trustee has the right to be appointed by the guardianship and trusteeship authorities and only with the written consent of the ward.

The trustee performs the duties of an assistant and does not have the right to make decisions on any issue. The ward must make legal transactions himself.

The trustee can dispose of the property entrusted to him, but only on the basis of an agency agreement or trust management. To perform other actions, such as purchasing food and medications, the caregiver does not require documentary support. The verbal consent of the ward is sufficient.

If the patronage wants to suspend the guardianship, then at its request the guardianship is terminated. The guardianship and trusteeship authority makes a decision of the appropriate type.

Rights and obligations in this case are prescribed in the agreement concluded between them. This may be a document of assignment or trust management of real estate and property.

The responsibilities of the patronage in this case become:

• fulfillment of all orders of the ward, both legal and everyday purposes;
• notifying the ward about the course of events;
• management of real estate and property in the interests of the ward.

To minimize a conflict situation, it is better to reflect all aspects in the current contract. It is worth indicating all the necessary assistance that the patronage will need to provide, as well as in what volume, where the ward will live at this time.

The trustee has the right to demand monetary compensation as compensation for the costs incurred in providing any assistance to an elderly person.

The contract can also indicate monetary compensation for all services provided by the ward. The state does not pay any monetary compensation for patronage.

A patronage does not automatically become an heir. If an elderly person wants this on his own, he will write a will of this kind. The guardianship authority controls all patronage activities. In case of violation of the agreement, guardianship is terminated.

If a contract of agency has been signed, then each party has the right to terminate the document unilaterally.

Who can become a guardian?

In order to become a guardian, each person must meet the requirements specified in the current legislation.

Requirements

A citizen wishing to formalize guardianship or trusteeship must meet the following requirements in accordance with Article 35 of the Civil Code of the Russian Federation:

• have no mental disorders;
• do not have drug or alcohol addiction;
• have a regular income and good living conditions;
• have no criminal record or physical disabilities;
• do not have chronic or other diseases that may not allow you to fully care for an elderly person.

Rights and obligations

The guardian undertakes:

• perform all functions to provide for the ward;
• buy food, things, medicines;
• provide medical care;
• act in the interests of the ward;
• protect property rights.

The guardian has the right:

• receive monetary rewards;
• receive and enjoy benefits;
• dispose of property in the interests of the owner.

How much do they pay for guardianship of an elderly person?

The question of how much to pay for guardianship of an elderly person is asked by all people who decide to take on guardianship obligations. But to answer this question you need to familiarize yourself with all the features and nuances.

As a rule, older people are provided for by their relatives – children.

If care is provided by relatives, then no monetary compensation is paid for this.

If care is provided by third parties, then the benefit will be 1,200 rubles. This payment is not indexed and is not affected by the level of inflation.

After 80 years

How much do they pay for guardianship of an elderly person in 2020? If an elderly person reaches the age of 80 years, the additional payment is the same - 1200 rubles. And only if the guardian does not work officially.

In addition, you can demand payment in the form of 60% of the minimum wage, but if, again, the guardian does not work, but only cares for an elderly person.

As a rule, such citizens already receive disability by this age. In this case, the elderly person receives 1,200 rubles. And if he has been disabled since childhood, then 5.5 thousand rubles.

How are benefits calculated?

The benefit for caring for an incapacitated person is credited to the guardian's account. Also, if a person is not declared incompetent, credit is made to his pension account, where there is also an additional payment for guardianship of an elderly person.

The benefit is accrued monthly at the end of the reporting period (end of the month).

Where to contact?

To register and receive payments, you must contact the following government agencies:

• a medical institution for the guardian to undergo a medical examination;
• guardianship and social protection authorities;
• Internal Affairs Directorate to obtain a certificate confirming the absence of a criminal record or conviction.

Required documents

To register guardianship for this category of citizens, you need to collect and provide the following package of documents:

• passport of a citizen of the Russian Federation - guardian;
• salary certificate from the place of employment;
• characteristics from the place of employment;
• medical examination report;
• autobiography;
• certificate of no criminal record;
• consent of other family members;
• certificate of marriage and birth of children;
• act of analysis of the place of registration;
• individual taxpayer number.

A sample application for guardianship of an elderly person is here.

The ward is provided with:

• passport of a Russian citizen;
• house register at the place of registration;
• a certificate from the Pension Fund about the amount of pension payments;
• certificate of disability;
• a court decision declaring a person incompetent;
• title documents for the property of the ward.

In case of establishment of patronage:

• a statement of desire to receive patronage from the ward himself;
• consent from the trustee;
• a certificate from a mental health and tuberculosis clinic stating that the ward is not registered;
• characteristics from work and medical examination;
• title documents for the property from the guardian.

A sample application from a ward for the appointment of an assistant is here.

FAQ

Very often, citizens ask various questions regarding control and the right to inheritance. Therefore, before formalizing guardianship, it is worthwhile to initially study these issues.

Is there control?

1. All government agencies that have placed a person under guardianship have the right to monitor the fulfillment of obligations.

2. Guardianship and trusteeship authorities may require a report on costs and actual expenditures of funds.

3. If you fail to fulfill obligations in full or spend money on personal needs, guardianship is automatically removed without a court decision.

Right to inheritance

According to the law, if you receive guardianship or guardianship over a parent, it is impossible to claim the right to inherit. These are two unrelated categories.

A guardian or trustee has no right to be the heir of his ward.

If the latter wishes to transfer the inheritance to the guardian, then he must draw up a will.

Does it affect child support?

The benefit does not affect alimony payments in any way, since it is not considered income from which the state deducts funds to pay alimony.

From all of the above, it follows that the guardian has the right to count on financial assistance in the amount of 1,200 rubles if he complies with the basic requirements. The responsible body has the right to both issue the right to exercise guardianship and patronage, and has the right to withdraw it.

Video about guardianship for the elderly

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Source: http://nam-pokursu.ru/opekunstvo-nad-pozhilym-chelovekom-skolko-platjat/