Guardianship of an incapacitated person: payments, rights and obligations

However, few guardians know what rights and responsibilities they have.

On what grounds can they be deprived of guardianship? What rights do they have at their job and so on.

Let's consider all these questions in more detail.

The concept of guardianship. What legislation regulates

Guardianship is a form of arrangement that establishes guardianship and trusteeship authorities between an adult citizen (guardian) and another citizen (ward).

The wards may be :

In the legislative framework there are many acts that regulate the issue of guardianship of an incapacitated person. In particular, we are talking about the Family Code .

More specifically, this issue is regulated by the following articles :

• Article No. 145, which clearly defines the procedure for establishing guardianship over incapacitated citizens;
• Article No. 146, which puts forward specific requirements for future guardians;
• Article No. 148, which clearly defines the rights of the wards themselves;
• Article 148.1, which clearly regulates the rights and obligations of guardians.

In addition, Articles 39 and 40 of the Civil Code of the Russian Federation regulate the issue of possible termination of guardianship.

Registration procedure

The algorithm for registering guardianship is as follows:

1. Collection of necessary documentation.
2. Contacting social care and trusteeship authorities.
3. Submitting together with the application the required list of documents.
4. Waiting for the decision of the guardianship and trusteeship authorities to be made.
5. Getting a response.

If we talk about the list of documents , then in addition to the application itself, it is necessary to prepare:

• certificate of average salary for the last year;
• a certificate from the place of employment, which confirms the fact of official employment;
• a certificate confirming the fact of use of residential property;
• medical certificate confirming legal capacity;
• autobiography of the future guardian;
• characteristics from the place of work of the future guardian;
• characteristics of the person under guardianship, which is provided by the institution to which he is assigned (as a rule, it is provided by the guardianship and trusteeship authorities themselves).

Responsibilities of a Guardian

The responsibilities of a guardian according to current legislation include:

• carrying out all necessary transactions directly on behalf of his ward. For example, this could be: purchasing clothes for him or personal hygiene items;
• care in relation to an incapacitated ward;
• protection of his interests in court when necessary;
• fulfilling all the duties of his ward. A simple example of this is paying any taxes;
• disposal of the income directly of the incapacitated person himself, but exclusively in his interests;
• initiating legal proceedings if necessary to defend the interests of an incapacitated ward;
• disposition of any movable and immovable property that belongs to an incapacitated person, but only with the consent of the guardianship and trusteeship authorities.

It is worth noting one nuance: if an incapacitated citizen is under 16 years old, he is required to live together with a guardian, but if he is over 16, separate residence is allowed, but only with the consent of the guardianship and trusteeship authorities. This possibility is regulated by Article 36 of the Civil Code of the Russian Federation.

If we talk about the rights of a guardian , then he can:

• draw up payments provided for by law for the care of an incapacitated citizen;
• formulate an appeal to law enforcement agencies on behalf of your incapacitated ward;
• demand compensation for material and moral damage that could have been caused to an incompetent citizen;
• try in every possible way to protect the movable and immovable property of your incapacitated ward;
• visit medical institutions to receive free services for their ward.

In addition, guardians have the right :

• for an additional 4 days off every month. Moreover, it must be remembered that they are not carried over to the next month if not used;
• take an additional 2-week vacation at your own expense no more than once a year;
• refuse to work on weekends and holidays;
• refuse business trips that involve spending the night in another city;
• demand a reduction in working day or week due to caring for an incapacitated ward.

It is worth noting that the guardian has the right to dispose of the movable and immovable property of his incapacitated ward, but only after receiving permission to do so from the social guardianship and trusteeship authorities.

Monitoring the performance of duties

• If we talk about who exactly exercises control over the implementation and observance of the rights and obligations of guardians in relation to their wards, then this is done directly by the employees of the guardianship and trusteeship authority .
• two on-site inspections at the place of residence of the guardian and his ward within the first month
• These inspections are scheduled and unscheduled.

The first inspection is scheduled and the guardian is warned about it; after it has passed during the same month, the guardianship and trusteeship authorities carry out another inspection, only this time it is unscheduled.

These checks are carried out for the purpose of :

• assessment of living conditions;
• presence or absence of personal hygiene items;
• availability of food;
• checking compliance with rights and obligations in relation to the ward.

1. It is worth noting that after these 2 checks, there will be another one during the quarter, and another one throughout the year.
2. In addition, the guardianship and trusteeship authorities have every reason to demand that the guardian present a detailed financial report on the expenditure of funds received by his ward.
3. If the audit reveals the fact of misuse of funds, criminal or administrative liability may arise and guardianship will be terminated immediately.

Removal from guardianship

Becoming a guardian does not mean that all the hassle with the guardianship and trusteeship authorities is over. Why? It’s simple, at any time they have the right, if non-compliance with rights and obligations is detected, to deprive of guardianship .

• It is also worth remembering that the guardian himself has the right to refuse guardianship on his own.
• In turn, the guardianship and trusteeship authorities have the right to deprive guardianship based on a complaint from neighbors or close relatives of the ward.
• Every citizen has the right to appeal to the guardianship and trusteeship authorities with a complaint about non-compliance with the rights and duties of a guardian in relation to his ward.
• carry out an unscheduled visit within 3 days and find out whether there is a violation of rights and obligations.
• However, it must be taken into account that PLOs only accept complaints based on evidence . This may include:

• testimony of neighbors, which indicates the fact of a rude attitude towards their ward;
• witness statements about the guardian's regular drunkenness;
• a medical report that indicates a drug addiction disease or other disease that results in the guardian’s incapacity for work or the possibility of transmitting the disease to the ward.

In addition, deprivation of guardianship may also be due to the waste of funds of the ward to satisfy the personal needs of the guardian.

When writing a complaint, you must provide with you:

• applicant's passport;
• any documents that confirm the applicant’s words.

It is worth noting that witness statements are formed in free form. This document should contain the following information:

• initials of the witness;
• his testimony;
• the date when he noticed the fact of non-compliance with duties;
• signature.

1. The complaint must be sent directly to the territorial guardianship and trusteeship authority at the place of residence of the guardian and his trustee.
2. Based on this document, the guardianship and trusteeship authority assembles an emergency commission, which visits the guardian and trustee and draws up a corresponding inspection report .
3. This act is drawn up in 3 copies:

• 1 of them is transferred to the applicant (the one who filed the complaint);
• the second copy - to the guardian;
• the third copy remains with the guardianship and trusteeship authority.

If, after the appeal, the guardianship and trusteeship authority has not responded to the complaint, it is necessary to send a written complaint by mail in the form of a registered letter with an inventory.

In this case, the PLO is obliged to give a written response to the complaint, otherwise, citizens have every reason to appeal to the court and law enforcement agencies regarding the fact that employees of the guardianship and trusteeship authority have ignored their immediate duties.

About guardianship of an incapacitated person, see the following video:

Guardianship of an incapacitated person - rights and obligations, how to arrange, payments

The rules for guardianship of an incapacitated person did not change in 2020. The package of documents and terms of provision remain the same.

Initial information

Guardianship is a form of assistance to a person who cannot take care of himself. Most often, guardianship is established over children or older incapacitated people.

Guardians receive additional assistance from the state in the form of a small allowance. But being a guardian for an incapacitated person means taking on a lot of responsibility.

Main concepts

Guardianship of an elderly person is a way of helping a person who has lost the ability to care for himself for some reason. Guardianship is formalized.

Elderly people are considered to be people over 60 years of age. However, it is possible to obtain guardianship earlier if a person is declared incompetent or due to health reasons cannot provide care for himself.

Not everyone can obtain guardianship. Who can be a guardian of an incapacitated person and the basic requirements for trustees:

• reaching adulthood;
• complete physical and mental health;
• no criminal record;
• absence of chronic diseases.

If a person plans to take guardianship of a person who is over 80 years old, then he should not work. In this case, the caregiver must spend all the time with his ward.

how to apply for guardianship

Incapacity is a state of a person when he cannot independently make any decisions, serve himself, provide for himself and live independently.

Main responsibilities of a trustee

The main responsibilities of trustees include:

1. Complete care for the person under care. The guardian must fully provide the person with a normal life - buy clothes and food, cook, take care of him.
2. Provide normal treatment to the patient.
3. Protect the rights of the person under guardianship.
4. Provide full protection to your ward in all matters, including housing.
5. Protect the property rights of your ward.
6. Completely manage the finances of your ward in favor of the latter.

A trustee must take care of his ward, his interests and rights. The guardian in no way has the right to spend the funds of his ward for his own personal purposes.

The legislative framework

The main law that regulates this process is the Federal Law “On Guardianship and Trusteeship” No. 48 of April 24, 2008.

It covers the following main points:

• the task and powers of the guardianship authorities;
• legal status of trustees and guardians;
• how guardians are appointed;
• rights and obligations of both parties;
• legal regime of property of wards;
• responsibility of both parties and guardianship authorities;
• How does the termination of guardianship work?

Other legislative acts:

1. Article 35 of the Civil Code of the Russian Federation entitled “Guardians and Trustees”.
2. Article 40 of the Civil Code of the Russian Federation entitled “Termination of guardianship and trusteeship.”

How to obtain guardianship over an elderly incapacitated person

The main question is which department handles the registration of guardianship over an elderly incapacitated person.

First of all, you need to contact the guardianship and trusteeship authorities at the place of registration of the person who needs guardianship.

how to obtain guardianship

Here, the responsible employees will tell you in more detail about the entire procedure for establishing guardianship, as well as all the small nuances and problems that may arise during registration.

In general, the registration procedure can be divided into several stages:

1. Recognizing an elderly person as incompetent and obtaining a decision that he needs a guardian.
2. Passing a medical examination for a potential guardian.
3. Collection of necessary papers and documents.
4. Submitting an application to the guardianship authorities.
5. Waiting for a decision.

Registration procedure

Guardianship is established only over incapacitated elderly people. In the event that a person is capable, but requires additional help from an outsider, then patronage is established over him.

Guardianship is established within 1 month after the application for guardianship and all the necessary documents have been submitted. An application for establishing guardianship over an incapacitated person can be downloaded here.

If the guardianship and trusteeship authorities decide that a particular person cannot become a guardian, then this refusal must be motivated.

To begin with, the future guardian must obtain a court decision that the elderly person is incompetent. The court makes this decision based on the conclusion of the psychoneurological dispensary.

After receiving such a decision, you can begin to collect documents for registration of guardianship. After the court decision, you have exactly one month to appoint a guardian for an elderly incapacitated person.

If during this time there are no volunteers, then the guardianship authorities assume all responsibilities. When a potential guardian appears, he must undergo a full medical examination and receive a certificate of health.

Only after this can you begin collecting documents, as well as registering guardianship.

What documents are required to sign the contract?

To register guardianship, you must collect the following documents:

• a statement from the elderly person himself that he needs a guardian;
• a certificate from a medical institution stating that the person really needs additional help and care;
• certificate of health of the guardian (he must be completely healthy both physically and mentally);
• a statement from the potential guardian that he or she voluntarily wants to become a guardian;
• originals and copies of passports of the guardian and the ward;
• a certificate of a special form F-9 about the place of registration of both parties;
• characteristics of the future guardian from work, as well as from the place of residence;
• written consent from relatives on both sides to establish guardianship (if there are relatives).

If you do not collect all the papers, then registration of guardianship becomes impossible. If a person is incompetent, then in this case an official conclusion and a court decision is necessary, which confirms the fact of incapacity.

Assistant payment amount

Some citizens are interested in the question of how much caregivers are paid. There is no payment for the work performed by the guardian.

This is only possible if the relatives of the person under care themselves express a desire to pay for this work.

Every guardian who is not working has the right to receive additional support from the state for the performance of their duties. Today the payment is 1200 rubles.

No other payments or additional benefits are provided to caregivers. But, he has the right to freely manage the money of his ward, but only in favor of the latter.

What rights does a curator have?

The basic rights of curators include the following:

• filing applications on behalf of the ward for payment of all benefits due to him;
• filing claims on behalf of a ward citizen;
• disposal of all the ward’s money in his favor;
• receiving payments from the state in the name of the ward, alimony and other required benefits;
• filing claims for compensation for damage caused to the health or property or housing of the ward;
• act on behalf of the ward in the event of divorce or even marriage.

rights and responsibilities of a guardian

The guardian receives all the rights of his ward that the latter had before losing his legal capacity. All this is spelled out not only in legislative acts, but also in the document that the guardian signs after establishing guardianship.

Monitoring the performance of duties

Guardianship and trusteeship authorities are obliged to supervise guardians and monitor how they fulfill their duties. There are scheduled checks in the form of visits to wards:

1. During the first month after the appointment of a guardian, the guardianship authority is required to carry out an inspection once.
2. Over the next year, inspections should be carried out once every 3 months.
3. During other years - once every six months.

There are unscheduled inspections that are appointed if the guardianship authorities are not confident that the guardian is fulfilling all his obligations efficiently.

During inspections, responsible employees perform the following actions:

• assess the housing and living conditions of the wards;
• check the appearance of the ward, his state of health;
• financial capabilities of the ward and guardian.

Features of a transaction with the right of inheritance

Some unscrupulous citizens of our country arrange guardianship over elderly people only to receive an inheritance, for example, an apartment or house.

But, in fact, the guardian has no right to inheritance and any lawyer will confirm this. However, the ward can independently include his guardian in the will.

This can be done only in two cases:

• the ward has no mental health problems;
• the ward is fully capable.

That is, if a citizen is declared incompetent, then there can be no talk of any will. The guardian will be able to receive the inheritance only if he is legally the direct heir.

Registration of guardianship over elderly or incapacitated people is far from uncommon in Russia. More and more people are ready to take custody of their friends or close relatives.

• Registration of guardianship is a simple process, but it requires the collection of a large package of documents.
• If a person is completely healthy and has no problems with the law, then he can easily become a guardian for his loved one or even a stranger.
• Video: guardianship of incompetent citizens

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.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: https://posobieguru.ru/semja/opekunstvo-nad-nedeesposobnym-chelovekom/

Guardianship of an incompetent person: rights and obligations, recognition, how to register, who can be a guardian

Guardians must be appointed over citizens who, due to a congenital or acquired disease, injury, or disorder, have lost the ability to realize, make decisions, or manage themselves.

The law establishes a 30-day period for the appointment of guardianship. If, after 30 days, no one expresses a desire to patronize and care for the sick person, state guardianship is established over him - he is subject to transfer to the supervision of a specialized institution.

But, as a rule, close relatives express a desire to become guardians, to represent legitimate interests in caring for the needs of an incapacitated person.

In the article we will figure out how to formalize guardianship over adults who are deprived or limited in their legal capacity, what the guardian has the right to and what is not within his powers, what benefits and payments he is entitled to.

Read also: On what day are you discharged from the hospital after childbirth?

Legislation

The entire procedure for registering guardianship - from the moment when an adult citizen is deprived of legal capacity until the moment when he is placed under guardianship - is provided for by law.

Main sources of legislation:

Features of guardianship over an adult incompetent citizen

A guardian is a citizen who is entrusted with perpetual responsibilities to care for, represent legitimate interests, and protect the rights of an adult citizen who, due to illness, injury, disorder, has lost the ability to understand the meaning of current events, make decisions and manage himself.

Appointment of guardianship (trusteeship) is possible only on the basis of a court decision on deprivation (limitation) of legal capacity (in accordance with Article 29 of the Civil Code of the Russian Federation).

Such a court decision entails the loss of the citizen’s right to enter into transactions, dispose of property, marry, change his place of residence, and represent his own interests in government bodies and non-governmental organizations.

All decisions in favor of a citizen deprived of legal capacity are made by his guardian.

Guardianship responsibilities are assigned to the guardian by a decision of a local authority or self-government - solely with his consent (in accordance with Article 35 of the Civil Code of the Russian Federation) after an inspection, review of documents, and a visit to the place of residence. Family ties between the guardian and the ward, as well as cohabitation with him, are not necessary, however, most often, it is the relatives who express a desire to take guardianship of a sick relative.

To ensure that the guardian does not allow abuses and violations of the rights of the ward, representatives of the Guardianship and Trusteeship Authority (TCA) monitor, conduct checks, and review annual reports.

Who can become a guardian

Since a citizen who has lost his legal capacity needs not only everyday household care such as cooking and buying medicine, but also legal representation and protection of rights, not everyone can be a guardian .

Requirements for guardians are established by Art. 35 Civil Code of the Russian Federation, Art. 10 Federal Law “On Guardianship...”, as well as “Rules for the selection and training of guardians...”.

Primary requirements:

• Full legal capacity.
• Age of majority.
• Absence of diseases such as cancer, tuberculosis, infectious diseases, drug and alcohol addiction, mental disorders (according to Russian Government Decree No. 117 of 02/14/13).
• Lack of court decisions on deprivation of parental rights.
• No criminal record for crimes against the person.
• Availability of housing (at full disposal or use).

The requirements for guardians of adult citizens are not as strict as the requirements for guardians of small children deprived of parental care. For example, a guardian of an incapacitated citizen does not necessarily have to have a regular source of income.

In addition, caring for a sick adult can take a lot of time and effort.

According to Decree of the Government of the Russian Federation No. 343 “On monthly compensation payments...” and Decree of the President of the Russian Federation No. 1455 “On compensation payments...”, he can count on a monthly payment of 1,200 rubles , and according to Art. 16 of the Federal Law “On Guardianship...” - can conclude an agreement on paid guardianship with the PLO.

Rights and responsibilities of a guardian

The list of rights and responsibilities vested in the guardian of an adult incapacitated person are interconnected and strictly defined by law (Article 15 of the Federal Law “On Guardianship...”, Article 36 of the Civil Code of the Russian Federation):

• protect the legitimate interests of the ward in government bodies and court;
• dispose of the ward’s property with the permission of the PLO (ensure safety, transfer for use, lease - in agreement with the PLO);
• fulfill the financial obligations of the ward (pay loans, utility bills, taxes);
• manage the income of the ward (receive a pension, social benefits, payments);
• make everyday purchases for the ward: food, hygiene items, medicines;
• take care of, provide household assistance: cook, maintain cleanliness;
• promote the recovery of the ward, accompany him to medical examinations, carry out medical orders;
• file a lawsuit or petition to restore the legal capacity of the ward;
• submit petitions for calculation of payments, collection of alimony, allocation of benefits, provision of material support in the interests of the ward;

The procedure for registering guardianship

As mentioned above, before starting the procedure for appointing guardianship (trusteeship), you need to obtain a court decision on deprivation (or restriction) of legal capacity (in accordance with Article 29 of the Civil Code of the Russian Federation).

Follow this procedure:

1. Filing an application to the court to declare a citizen incompetent;
2. Obtaining a court decision;
3. Submitting an application for the appointment of guardianship to the Guardianship and Trusteeship Authority;
4. Preparation of supporting documents;
5. Checking by a representative of the PLO the place of residence of the guardian;
6. Obtaining a conclusion from the OOP and a decision on the appointment of guardianship.

The specifics of the procedure for appointing guardianship are provided for by the Decree of the Government of the Russian Federation dated No. 927, as amended. dated 12/21/2018.

Recognition of incapacity

The procedure for appointing guardianship is necessarily preceded by a judicial process declaring a citizen incompetent (Chapter 31 of the Code of Civil Procedure of the Russian Federation).

Only a court is authorized to recognize a citizen as incompetent - based on an application submitted on behalf of...

• close relatives of a citizen (husband or wife, parents, children, brothers or sisters) regardless of joint or separate residence;
• representative of the PLO;
• representative of a medical or social organization (clause 2 of article 281 of the Code of Civil Procedure).

An application must be submitted to the court at the place of residence of the mentally ill citizen, and if he is in a medical institution, at the location of this medical institution (clause 4 of Article 281 of the Code of Civil Procedure).

The application must contain circumstances that confirm the need for guardianship: mental disorder, inability to understand the meaning of what is happening, make decisions, fulfill obligations, manage funds and property (clause 2 of Article 281 of the Code of Civil Procedure of the Russian Federation).

The prosecutor and a representative of the PLO, as well as the citizen himself, in respect of whom the case is being considered, must take part in the trial, if his presence in the court hearing is not dangerous for himself and for others.

During the trial, a forensic psychiatric examination is (Article 283 of the Code of Civil Procedure of the Russian Federation). Based on the results of the expert opinion and other documentary evidence (medical certificates, extracts from the medical history, characteristics and witness statements), the court makes a decision .

A court decision is the basis for the appointment of guardianship (Article 285 of the Code of Civil Procedure of the Russian Federation).

Contacting the guardianship department

Within 30 days after the court decision on deprivation of legal capacity enters into force, guardianship must be assigned to the citizen (Clause 2 of Article 11 of the Federal Law “On Guardianship...”).

However, a mandatory condition for appointing guardianship is the voluntary consent of the guardian. A citizen who wants to become a guardian must personally contact the PIO and submit an application - this serves as an expression of his consent and intention.

If none of the relatives or strangers submits a statement of intent and consent to become a guardian, guardianship responsibilities are assigned to the state represented by the PLO. A citizen can also be placed in a medical institution for treatment, care, observation.

Submitting an application

The law does not contain a single unified form of declaration of intent to become a guardian for a citizen deprived of legal capacity.

Below you can see a sample application prepared by lawyers. However, before filling out and submitting an application according to the proposed sample, we recommend that you seek advice from the Public Organization - perhaps representatives of the local government apply local standards and use their own sample application.

The application must contain the following information:

• name and address of the Guardianship and Trusteeship Authority;
• applicant details: full name, date of birth, address;
• “Statement of Intent to Become a Guardian”;
• details of the ward: full name, date of birth, address;
• data of the court decision by which the ward was declared incompetent (name of the court, date, number);
• data on the relationship between the applicant (guardian) and the ward;
• other data;
• request for guardianship;
• date of;
• signature.

You can submit an application in one of the following ways:

• through OOP;
• through the MFC;
• through the Unified Portal of State Services.

The first two methods involve submitting an application in writing (according to the sample provided by a PLO representative or an MFC employee) with the applicant’s handwritten signature. The last method involves filling out an electronic application form using an electronic signature.

Check at place of residence

Having received the application, the representative of the PLO is obliged to visit the guardian at his place of permanent residence:

• inspect the living quarters (if it is assumed that the ward will live with a guardian);
• assess the personal qualities of the guardian, verify his motives and intentions.

The verification period is 5 days after receipt of the application. The conclusions that representatives of the PLO make based on the results of the visit are drawn up in the form of an Act and are taken into account when making a decision on the appointment of guardianship.

Conclusions of OOP. Appointment of guardianship

After reviewing the submitted documents, meeting the guardian and inspecting his living quarters, representatives of the PLO issue a conclusion...

• about the possibility of being a guardian of an incapacitated citizen;
• about refusal.

A positive conclusion retains legal force 2 years and serves as the basis for the appointment of guardianship . A negative conclusion can be appealed in court.

The decision to appoint guardianship is made by the government or self-government body at the place of residence of the incapacitated citizen.

List of documents

The full list of documents that need to be submitted to the PLO is listed in the “Rules for the selection and training of guardians...”, which are approved by Decree of the Government of the Russian Federation No. 927, as amended. dated 12/21/2018.

The list of documents depends on the relationship between the guardian and the ward.

If the guardian is a close relative of the ward (father or mother, son or daughter, brother or sister), and/or has lived with him for the last 10 years , the list of documents includes:

• statement;
• a copy of the guardian's passport;
• a copy of the marriage certificate (if the guardian is married);
• document confirming relationship (birth certificate, marriage certificate);
• medical report on the health status of the guardian.

Read also: What documents are needed for a child’s personal insurance: how to get it and why

If the guardian is an outsider in relation to the ward , the list of documents expands and includes:

• statement;
• copy of the guardian's passport;
• a copy of the marriage certificate (if the guardian is married);
• autobiography;
• certificate of employment, position held, salary for the last 12 months;
• a copy of the pension certificate;
• medical report on the health status of the guardian;
• written consent of all family members (adults and children over 10 years old) living with the guardian, if it is expected that the ward will reap with them;
• certificate of completion of a training course for caregivers.

In addition to the listed documents, OOP requests additional data:

• certificate of place of residence;
• a certificate about the sanitary and technical condition of the guardian’s living quarters;
• certificate of pension amount;
• certificate of presence or absence of criminal record.

Payments, benefits, benefits

Many people are quite rightly interested in the question: how much does a guardian earn?

1. If guardianship is awarded gratuitously or daughter), the guardian does not receive any payment or compensation.
2. If guardianship is appointed on a paid basis , the guardian may enter into a paid guardianship agreement , according to which he will receive monthly payments of the established amount. The source of payments can be the local budget or the income of the ward (no more than 5%).

This procedure is provided for in Art. 16 Federal Law “On guardianship...” and “Rules for concluding an agreement on paid guardianship...”, approved. Decree of the Government of the Russian Federation No. 927 as amended. dated 12/21/2018.

Another source of state support is an additional payment to the ward’s pension, intended for a guardian who...

• is of working age (man up to 60 years old, woman up to 55 years old);
• not employed;
• does not receive any income;
• takes care of an elderly or sick person in need of constant care (according to a doctor’s opinion), an elderly person over 80 years old, a disabled person of group 1 (except for disabled people from childhood). Family connection or cohabitation with the ward does not matter.

The benefit amount is 1200 rubles.

Guardianship of an incompetent person

According to Federal Law No. 48-FZ dated April 24, 2008, guardianship of an incompetent person is established only by a capable person who has reached the age of majority. There are also other requirements for guardians, which anyone who plans to become the legal representative of an incapacitated person should be aware of.

Guardianship: concept

According to current legislation, a person who has reached the age of majority is recognized as legally competent. He has the right to make transactions on his own behalf, represent his interests in court independently, deal with the preparation of documents in state and municipal bodies, as well as perform other actions on which his life depends.

Until the age of 14, a child is considered legally incompetent. Parents or legal representatives make decisions for him; only his name appears in transactions. If a child turns 14 years old and is issued a passport, he is considered to have limited legal capacity and can independently enter into certain types of contracts with the written consent of his parents.

Guardianship is the placement of a minor or incompetent citizen under the guardianship of another person who meets the established criteria. This is done to ensure the legitimate interests of the ward. If a person is incapacitated, by law he is not entitled to enter into transactions. All transactions concluded on behalf of such a citizen after the establishment of incapacity are considered invalid and should not be allowed in the first place.

The appointment of a guardian is made by the guardianship authorities. This could be a close relative, friend, or even a stranger. The main condition is compliance with all criteria. Subsequently, such a citizen acquires all the rights and obligations of a guardian until the termination of the act of guardianship or indefinitely.

Rights and responsibilities of a guardian of an incapacitated citizen

If guardianship is established in relation to an incapacitated person, the guardian is vested with the following rights:

• Contacting government agencies to receive the benefits and payments due to the ward and the guardian himself.
• Protection of the interests of the ward in any instance.
• Taking all possible measures to ensure the safety of the property of the incapacitated person.
• Contacting health care institutions to receive medical services for those under care.

According to the law, it is not allowed for a guardian to carry out transactions with the property of an incapacitated person without the permission of the guardianship authorities. To obtain it, you will have to prove the feasibility of such operations.

In addition to rights, guardians are also assigned specific responsibilities:

• Purchasing food, shoes and clothing for the ward in order to provide him with a full life.
• Monitoring the health and hygiene of the incapacitated person.
• Protection and preservation of existing property.
• Upholding the rights of the ward in any situation.
• Fulfillment of obligations on behalf of the ward.
• Correct management of government payments to the ward. In most cases, the POiP will require the provision of reports, so you will not be able to spend the pension or other income of the person under your care on yourself.

If guardianship is established over a minor child, the guardian’s additional responsibilities include monitoring school performance, ensuring comprehensive development and timely medical examination.

Who is considered incompetent?

Until a child reaches 14 years of age, he is considered incompetent and guardianship is established. After reaching the specified age, a guardian is appointed. If a person is over 18 years old, he is declared legally incompetent if the following grounds exist:

• Reaching old age – 80 years. At the same time, mental illness or intellectual impairment may be present, in which a person is unable to adequately analyze his actions. Guardianship over such a citizen is established only by court decision.
• The presence of mental illness, when a citizen cannot assess the consequences of his actions, as a result of which he often makes, for example, unprofitable transactions. In schizophrenia, incapacity is most easily established, and a court order is not required for guardianship.
• Partial incapacity. In this situation, a citizen may be of sound mind, but due to physical illness, he will not be able to perform certain actions: go to the store, pay bills, cook food, etc. Here, guardianship can be established on his initiative with the mandatory consent of the guardian.

The procedure for declaring a person incompetent is carried out in court. The plaintiff may be a close relative or representatives of the guardianship authority. Medical certificates confirming the existence of grounds will be required.

Requirements for guardians

The main criteria for guardians are established by the Federal Law “On Guardianship and Trusteeship”:

• Age. There must be an age difference between the guardian and the ward - at least 16 years. The only exceptions are close relatives: for them, reaching the age of majority is sufficient.
• Health. Guardianship cannot be established by a person with serious illnesses: HIV, tuberculosis, AIDS, etc. The absence of illnesses is confirmed by a medical certificate provided to the guardianship authorities.
• Positive characteristic. OOiP may request a reference from the place of work. It is drawn up by the employer and must contain a description of the personal and professional qualities of the applicant for guardianship.

If a minor child is expected to live with a guardian, the property will require living space.

It must meet established social criteria for the standard area per person, on average it is 18 sq.m., the figure depends on the region. You will also need proof of good salary.

Its size, when recalculated for each non-working family member, should not be less than 1 subsistence minimum per person.

How to obtain guardianship: step-by-step instructions

If guardianship is granted to an adult, deprivation of legal capacity through the court will first be required.

To become a guardian, you need to do the following:

1. Submit an application and documents to the guardianship authorities at the place of registration of the ward.
2. Pass a medical examination and guardianship courses if we are talking about child custody.
3. Agree with the OOiP on the date of inspection of the applicant’s living conditions. As a rule, the commission arrives within three days after submitting the application.
4. Receive the conclusion of the commission, on the basis of which an act on establishing guardianship is drawn up.
5. Obtain a certificate of guardianship.

If a child needs a guardian, POiPs look for him within a month. In the absence of an applicant, the minor is taken under the guardianship of the OiP. Guardianship is established only with the consent of the guardian, and close relatives of the child or incapacitated adult have priority rights to this.

At different stages of the guardianship procedure, the applicant will need the following documents:

Name Where to get Salary certificate Accounting department of the enterprise at the place of employment Passport Issued at the registry office upon reaching the age of majority Work book HR department at the place of work Certificate of registration or divorce (if any) Civil registry office Autobiography OOiP or online resource. Filled out by the applicant in his own hand Certificate of ownership of the home Rosreestr, MFC Consent of all adult family members to guardianship of the applicant if the ward will live with them Issued by a notary Medical report on the absence of serious illnesses Medical and social examination unit Certificate of no criminal record Police department at the address registration of the applicant

Some documents have a limited validity period - 1 month - therefore it is recommended to submit them to the POiP immediately after receipt. If guardianship is established over a minor, a certificate of completion of guardianship courses is required.

Payments to guardians of incapacitated citizens

All working-age guardians who are unemployed are paid RUB 1,200 monthly. To apply for benefits, you must contact the Pension Fund.

Persons may be declared incompetent by the conclusion of a medical examination, and then trustees may claim the following:

Guardians caring for incapacitated disabled citizens since childhood RUB 11,445. Guardians caring for disabled people with the purchased group RUB 9,538.

Benefits are paid monthly to the Pension Fund and are subject to annual indexation. Regions may also provide additional payments.