Registration of guardianship (patronage) according to the law - procedure, conditions, terms and documents. Rights and obligations of a guardian, examples

How do I get legal custody of an elderly person? The decision to establish guardianship of the elderly is taken by the body of guardianship and guardianship.

Information about what conditions must be met to establish guardianship and what should be done to formalize guardianship, we will disclose in this article.

What is the form of guardianship of an elderly person?

The forms of establishing guardianship of the elderly are regulated by the Civil Code of the Russian Federation. Under this law, you can get guardianship of a person of advanced age in two different ways:

1. Full guardianship, or guardianship in full;
2. Patronage.

Full guardianship is appointed in cases where an elderly citizen is unable to take care of himself on his own and needs constant care. The decision on incapacity, on the basis of which a conclusion is made about the need for full guardianship for an elderly citizen, is made on the basis of a medical report. If a citizen is in old age over 80 years, full guardianship may be appointed without a medical examination and establishment of incapacity.

For implementation full custody of an incapacitated elderly person or elderly citizen the guardianship authority appoints a guardian, who, after registration of guardianship, begins to perform all actions on behalf of the ward. Thus, the guardian pays utility bills for the ward, buys groceries, takes full care of him, and also receives pensions and benefits for the ward and manages them in the interests of the ward. These are practically the same rights and obligations as a guardian in the custody of a minor.

Patronage is the second form of guardianship. The main difference between patronage and full guardianship is the consideration of the opinion of the guarded citizen about the identity of the guardian and the form of the alleged guardianship. Patronage is established over a person who, due to illness or advanced age, is unable to fulfill his duties, exercise his rights, and defend his interests independently and in full, and asks the guardianship authorities to appoint a guardian for him on the rights of patronage.

Often, the identity of the desired guardian is indicated by the citizen in need of guardianship in his application.

Under what conditions does the guardianship appoint patronage

The conditions and rules governing the registration of patronage for elderly citizens and the elderly are fixed in the Civil Code of the Russian Federation:

• The guarded citizen must not have mental disorders, otherwise patronage cannot be appointed, and guardianship is appointed only in the form of full guardianship;
• For registration of patronage, the consent of both the ward and his assistant is required;
• A social security officer from among the persons appointed to provide economic assistance to the elderly is not appointed as an assistant for patronage;
• Relatives of the ward may be appointed as patronage assistants, and in practice this is often the case, but it is not at all necessary to be a relative for the guardian;
• The rights and obligations of patronage are determined by the terms of the contract between the ward and his guardian. This may be an agreement on trust management of the property of the ward, an agreement of agency or any other agreement;
• If the ward is disabled, then patronage can be appointed only when his disability is not related to a mental disorder.

How to apply for patronage of an elderly person

All necessary actions for registration of patronage of the elderly or an elderly relative are detailed in regional legislation. Let's take a look at the most common steps for applying for patronage:

To establish patronage, the citizen in need of guardianship must submit an application to the guardianship authorities. As an attachment to his application, he submits to the guardianship authorities a document on his state of health, from which the need for patronage care should be obvious;

Also, a statement of a person who agrees to carry out patronage care for a citizen and a draft agreement between an assistant and a patronized citizen must be submitted to guardianship. The following documents are attached to the application:

• Description from the place of work of the proposed guardian;
• A medical report on the health status of the assistant and on his ability to provide the required care;
• References from tuba. dispensary, as well as from psycho-neurological and narcological dispensaries;
• A copy of the certificate of ownership of the residential premises he has or a copy of the registration document.

From the moment of filing an application for the need to appoint a guardian, a period of 1 month is set, during which the guardianship authority must satisfy the need for guardianship and appoint an assistant to the ward. If there are grounds for the appointment of patronage care, the guardianship authority prepares an order to establish patronage in writing.

If the consideration of the application and the documents submitted to the guardianship authority showed the absence of reasons for the appointment of patronage, the guardianship authority shall notify the applicant in writing of the refusal.

Rights and obligations of a guardian - how much is a guardian paid

The Civil Code and the Federal Law "On Guardianship and Trusteeship" set out all the rights, obligations and benefits for a guardian. The rights of a guardian are due to the fact that an incapacitated person, over whom the guardian patronizes, due to his inability to protect his rights independently, transfers his rights in terms of providing himself with the necessary care, as well as managing his property and money in his interests to the guardian on his own behalf on the terms of the contract.

A guardian who formally formalized guardianship through the social protection authorities of the population has the right to live both together with his ward, and separately. Cohabitation is organized in this way: either the guardian moves to the apartment of the ward, which can only be with the permission of the guardianship authorities in the case when the guardian does not have his own housing in the city where the ward lives, or the ward moves to the apartment of his assistant, which happens more often.

The rights of a guardian allow him to perform a wide range of actions on behalf of his ward without issuing a special power of attorney. Thus, all the cash receipts of the ward, for example, pensions, social and other payments that the ward receives, go directly to the bank account of the guardian. The guardian has the right to spend these funds in the interests of the guarded person without obtaining any permission or consent from the guardianship authorities. Naturally, at the end of the reporting period, the guardian draws up a report on the use of funds. The rights of the guardian also include the right to make any transactions on behalf of the ward or to enter into any legal relations and contracts on behalf of the ward. A power of attorney is also not required in this case.

Also, the rights of the guardian allow him to dispose of the apartment or any real estate belonging to the ward, but only in his interests and, in this case, with the permission of the guardianship authority.

Rights and obligations of a guardian under patronage

As we have already indicated, when establishing guardianship in the form of patronage, the main document establishing the relationship between the parties of the guardian and the ward is an agreement on trust management of property, an agency agreement or any other in which the relationship, rights and obligations of the parties are signed.

The main duties of the guardian during patronage, which should be reflected in the contract, are listed below:

• Managing the property of the ward in his favor, for example, renting out an apartment, land or other movable and immovable property;
• Detailed duties in the field of economic and household assistance, as well as in the field of legal assignments and relations with property;
• Reports to the ward on the progress of the implementation of his instructions.

Since the contract is the main regulatory and title document for patronage, it should describe as fully as possible all the duties of the guardian (assistant) in all areas of his activity. It is necessary to indicate exactly what actions in the field of economic assistance are assigned to the shoulders of the assistant, to what extent and how often. Separately describes the living conditions of the assistant, his place of residence. The more detailed all the possible duties of the assistant are reflected, the less reason for disagreement will be later. If you have chosen a contract of agency from all forms of the contract, its feature will be the ability to terminate this contract at any time from each party.

In terms of the rights of the guardian, it makes sense to disclose this topic as fully as possible, namely: the guardian has the right to compensation for his expenses incurred in fulfilling the terms of the patronage care agreement, that is, to material remuneration from the ward. These issues should be resolved in the contract, since assistance from the budget for patronage care is not provided.

The actions of the assistant in the performance of his duties of guardianship are controlled by the guardianship authority. Violations detected by the guardianship authority during the implementation of the contract may lead to termination of the contract.

Inheritance of the property of the ward from the side of the guardian does not occur automatically, it can happen at the request of the ward, if it is drawn up in full form.

So, for registration of guardianship in the form of patronage, a sufficient condition will be the presence of a medical need for patronage care, due to the state of health of the ward, with the exception of his mental disorders - in this case, only full guardianship is shown.

The powers of the assistant of the ward are determined by the terms of the contract, and in terms of disposing of the property of the ward, also by the permission of the guardianship authority.
Guardianship of the elderly over 80 years of age

Guardianship of citizens over 80 years of age can be carried out both in the form of patronage and in the form of full guardianship, and in this case, to establish full guardianship, a medical examination is not required to establish the fact of incapacity.

If the guardian of an elderly citizen over 80 years of age is capable, but not permanently employed, he is entitled to receive guardianship payments from the Social Insurance Fund. In addition to payments, the time of caring for an elderly person over 80 is counted against the total length of service for receiving a pension.

The Social Insurance Fund pays an additional payment to the pension of the ward, over whom patronage is officially assigned, in the amount of 1200 rubles. This additional payment is used to pay for the services of a guardian, or an assistant of a ward citizen. If the ward is declared incompetent and full guardianship is issued, then this surcharge of 1200 rubles. the guardian himself receives on his bank account.

Older people often become unable to take proper care of themselves. Their ability to act is a big question, because the elderly are sometimes not able to account for their actions. Guardianship of an elderly person will help to avoid the negative consequences of such a psychophysical state.

forms of guardianship

The Civil Code of the Russian Federation provides for 2 options for how to arrange care for an old man or an old woman:

• direct custody;
• patronage.

The 1st option is allowed if the grandmother or grandfather, due to mental disorders, does not fully understand:

• what is going on around them;
• how exactly they act;
• what are the consequences of these actions.

Such an old man or woman is recognized by a judicial act as incapable of bearing the burden of his civil rights. And after the issuance of a court order, guardianship is established over them.

Before taking care of the elderly, unable to bear their civic obligations, persons should weigh their capabilities, moral and physical reserves. Because screening the elderly is not an easy task.

Here you need:

• special psychological, moral and volitional qualities;
• enough free time.

Advice! If you do not have any of this, then it is better to leave this venture and entrust this matter to someone else. Download for viewing and printing:

Who is under guardianship

An older person may be placed in care when they:

• is mentally ill;
• due to his physical health needs outside help.

Important! Social patronage is established when a citizen, due to his psychophysical condition, is not able to properly use his powers, fulfill obligations and protect interests.

In this case, the guardian does not lose legal capacity. The scope of powers of guardians (accomplices) depends on the basis for the emergence of guardianship (social protection).

Do you need on the subject? and our lawyers will contact you shortly.

Features of guardianship over citizens over 80 years old

Payments for the care of disabled citizens from the PFR

Citizens who, for health reasons, cannot work, take care of themselves and lead their lives on their own, as a rule, someone helps. For the provision of such assistance, the FIU establishes a compensation payment to the caregiver. It is established for a non-working able-bodied citizen who cares for someone in need of assistance, regardless of the fact of their joint residence and whether they are members of the same family. These include:

1. Disabled people of the 1st group;
2. Senior Citizens who have reached the age of 80;
3. Elderly citizens who, according to the conclusion of a medical institution, need constant outside care.

Documents required for payment processing:

1. Identity documents;
2. SNILS;
3. Employment books (if any)
4. Certificate from the CZN (labor exchange) stating that the caring citizen is not registered;
5. Certificate from TO PFR on non-assignment of a pension to a caregiver.

Important! A caregiver can be a schoolboy or student from the age of 15, or from the age of 14 with the written permission of the guardianship and guardianship authorities and the consent of one of the parents. To do this, you must provide an additional certificate from the educational institution.

Compensation payment is appointed from the 1st day of the month in which it was applied for, but not earlier than the right to it arises.

The amount of the payment is 1200 rubles, the transfer takes place together with the pension of a disabled citizen.

Attention! Compensation is more than just cash payments. The period of care provided by an able-bodied person for a pensioner is counted towards his insurance record. For each year of such care, an able-bodied citizen is awarded pension points (1.8 points), the amount of which determines the size of the future pension.

These measures have been introduced for those who, due to caring for a needy person, cannot work and, therefore, form an insurance pension.

The payment is made during the period of care for the pensioner or until the occurrence of circumstances that entail the termination of payment, namely:

1. actual termination of care;
2. death, recognition as missing or dead of one of the persons;
3. termination of pension payment;
4. employment;
5. appointment of a pension and other social payments to the caregiver;
6. placing a pensioner in a social service organization;
7. removal or change of disability group.

Payment for guardians

After registration of social patronage, activities on behalf of the old man / old woman are performed by the authorized guardian. Among other things, he has the right to dispose of the profits of his ward (of course, in favor of the latter).

And also bear the costs for it:

• payment for housing and communal services;
• purchase
  • food;
  • medicines;
  • hygiene items;
  • clothes.

Attention! For ordinary patronage and guardianship, the state does not pay any funds to the guardian (assistant).

However, the agreement between the patron and the ward may provide for voluntary reimbursement of expenses incurred or payment for services.

Conditions for obtaining social protection

The Civil Code of the Russian Federation regulates the rules observed when establishing social protection over people of advanced age:

• the person seeking outside assistance is not mentally ill (since patronage in case of mental defects is allowed only as a full-fledged guardianship);
• the presence of the consent of the potential ward and the candidate for his patrons (accomplices);
• social security workers who help the elderly around the house should not become accomplices;
• relatives and complete strangers have the right to become accomplices (most often relatives are appointed as such),
• various kinds of agreements are concluded between accomplices and a person of advanced years:
• agency contracts;
• order;
• trust property management.

The status of social accomplices is based precisely on the content of such a document. Guardianship of the disabled due to illness is also issued in the form of social patronage, if such disability did not arise due to mental defects.

The procedure for establishing social protection

The powers of guardians, the benefits due to them are determined by the Civil Code of the Russian Federation, the Federal Law "On guardianship and guardianship" and other regulatory acts. To learn how to apply for patronage of an elderly relative or an outside old man who needs third-party assistance, you should pay attention to regional rules of law.

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Collection of necessary documents

Old people who need such assistance should come to the executive body at the location with a statement about the need to formalize social protection over them. Along with this, the applicant must provide medical documentation confirming poor health.

Important! You can come on your own or with someone's mediation (by proxy).

After that, an application is submitted to the same executive body by a person who does not mind becoming an assistant, as well as an agreement plan. It will have to be signed by the assistant and his ward. Also, the patron will need certificates from drug, psycho, and tube dispensaries.

Attention! References must confirm

• lack of mental illness, drug addiction and tuberculosis.
• positive data from the place of residence, work/study;
• a positive medical report on a state of health that allows you to care for someone else other than yourself;
• acts indicating the presence of living space in use or ownership. Since most often the ward lives with the guardian.

Regional legislation may provide for other information that must be provided to the executive body.

Establishment of guardianship

If, based on the results of studying the application and the package of documents, the guardianship authority comes to the conclusion that there are no grounds for issuing social protection, the applicant is sent a notification. If by this time the application of a potential guardian has been submitted, then he is also notified. If there are justifications for the appointment of social protection, a written order is prepared to establish it.

A copy of this order is sent to:

• the applicant;
• future assistant.

After that, the latter sign the type of agreement chosen by them, which determines their legal status. An assistant must be appointed within a period of not more than 1 month from the day when the executive body was notified of the need for guardianship.

Differences between full guardianship and social patronage

The guardian of people of venerable age, without the ability to carry out their civil obligations, has fairly broad powers. Since a person who is incapable of civil law is not in a position to personally exercise his rights. All powers belonging to him are exercised by his guardian.

A person who has taken care of an elderly person has the right to live with him or separately. When living together, most often the old man moves into the guardian's housing. It may be the other way around - with the permission of the competent authority (this happens when the guardian does not have housing where the ward lives).

Guardians of legally incompetent persons may enter into various legal relations on their behalf and make transactions in their interests without a power of attorney.

Attention! All social payments due to the ward are transferred to the bank account of the guardian. The guardians dispose of this money in the interests of the elderly without obtaining the consent of the competent authorities.

An expense report is prepared every year. The guardian has the right to dispose of the real estate of the ward only in the interests of the first and after the approval of the executive body.

Under patronage, the rights and obligations of an accomplice and a person of respectable age are regulated in detail by an agreement concluded between them. This may be a contract of trust property management, assignment or other agreement.

The duties of a patronage assistant include:

• execution of instructions of the ward - both household, legal;
• notification of the ward about the execution of his tasks;
• managing the property of the ward for the benefit of him (renting, etc.).

In order to avoid disagreement, it is necessary to reflect the duties of the assistant in as much detail as possible in the agreement with the elderly person.

Worth pointing out:

• what kind of help with the housework should be provided to the assistant;
• to what extent and with what frequency;
• where the ward will live all this time and much more.

The helper is entitled to claim compensation for his or her expenses incurred in assisting the elderly person. Therefore, the contract may also provide for the right to remuneration for their services, paid to the ward.

Important! The patronage assistant is not entitled to any payments from the budget.

An elderly person's helper is not the legal heir of the ward. Only if it is mentioned in the will.

The law imposes on the guardianship body the obligation to control the activities of the assistant. Identified violations may be the reason for termination of the agreement. If an agency agreement was chosen to formalize the relationship, each party has the right to terminate it at any time.

Dear readers!

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For a prompt resolution of your problem, we recommend contacting qualified lawyers of our site.

After reaching retirement age, about half of the population continues to work. It is clear that older people are trying to provide at least some opportunity to buy medicines, clothes, since pensions are almost always not enough. Of course, not everyone has the opportunity to work while retired - not every pensioner can boast of excellent health.

Many of those who are over 70 can serve themselves, buy food, visit medical facilities on their own. There are many such elderly people whose mental or physical condition makes it impossible to do without outside help. In such cases, close people can take care of themselves. How to arrange guardianship of an elderly person, we will tell in the article.

How to get help

Russian legislation provides for the possibility of caring for an elderly person in two ways:

1. Full custody. This form implies the impossibility to serve oneself due to mental deviations, taking into account which the court ruled to recognize the old man as incompetent. It is clear that such persons need almost round-the-clock outside assistance, medication, changing clothes, food, etc.
2. Patronage. An elderly person is of sound mind, but due to a state of physical health (permanent or temporary), he cannot take care of himself without help. In such cases, a patronage agreement is concluded, which defines the rights and obligations of each of the parties, essential conditions, grounds for termination - in a word, as in an ordinary bilateral agreement drawn up according to the rules of civil law.

If you are thinking about helping an elderly person on an ongoing basis, it is worth weighing everything again: after all, regardless of the chosen form of care, this is hard work. If you are firm in your intention, you should start issuing a permit, having previously studied what requirements of the law you need to comply with.

Who is eligible to care

Usually, close people become helpers, but sometimes they can be outsiders who do not have a family connection with an elderly person. At the same time, if there are many applicants, then preference is given to the closest one for the ward.

How are those who want to get guardianship over an incapacitated elderly person found? Accounting for those in need of assistance, as well as applicants to become assistants, is the duty of the territorial guardianship body directly enshrined in the law. Employees of this state organization notify all relatives of the incapacitated, as well as place information in the media or otherwise notify people. The judicial recognition of a particular citizen as incapable becomes known within three days - this is the period provided for sending a copy of the decision to the competent authorities.

The identity of the one who responded and wished to become a guardian or patron is carefully checked. List of requirements for a potential assistant:

1. Reaching adulthood.
2. The absence of mental illness, as well as diagnoses such as alcoholism, substance abuse and drug addiction. In relation to the applicant, there should be no court decisions declaring him incompetent or partially incompetent.
3. No criminal record for intentional crimes against a person. This refers to such crimes as: murder, infliction of bodily harm, threat of murder, crimes against sexual inviolability (for example, rape), kidnapping, etc. By the way, a conviction for non-payment of alimony is also a basis for refusing to satisfy the application.

In addition to the above requirements, the moral qualities of the applicant are also taken into account: for example, if there are numerous administrative offenses for petty hooliganism, drinking alcohol in public places, etc., the guardianship authority may conclude that it is impossible to give an elderly person such a troublemaker under protection.

The unconditional basis for a negative decision is the termination of guardianship earlier due to violations on the part of the applicant.

The physical ability to care for the disabled must also be taken into account. Thus, if the guardian himself suffers from a serious illness, is forced to undergo treatment, observe a sparing regimen and needs help, then a reasonable conclusion can be made that it is impossible to take care of someone else. If circumstances permit, the opinion of the ward may be taken into account (for example, when a stable remission has occurred that does not entail the restoration of legal capacity). In this case, even, friendly relations between him and those who want to take care of him are welcome. Explicit hostility and conflict relations can become a reason for a negative decision of the guardianship authority.

The law allows the registration of several guardians at once for one person in need of care. So, at the same time, spouses can be registered to take care of a relative, if, for example, it is convenient for them to take care of them in shifts. On the contrary, one guardian is entitled to care for only one person.

What will happen to the incapacitated if there are no people willing to help him? Unfortunately, there are not many such cases. The absence of relatives, or their attention to the elderly grandfather, great-grandfather, forces the state to take such citizens under its protection. If they are placed in specialized institutions (social or medical), guardianship is not assigned.

Guardianship process

If you have expressed a desire to take care of a disabled elderly person, then you should apply to the guardianship and guardianship authorities at the place of residence of the person you will take care of, where you can arrange guardianship. In the application, you must indicate your personal data, as well as the data of an elderly person, his age, degree of relationship (if any). By the way, an application can be submitted both on the website of public services and at the MFC, but it should be noted that such cases are rare - citizens usually want to personally verify the correctness of the spelling and sufficiency of documents by contacting the guardian directly. You must attach the following documents to this application:

1. certificate of employment. It should contain the following information: length of service, position, average salary paid over the last year. If the candidate is not employed, proof of other income must be provided. So, when a potential guardian is in the employment service, you can bring a certificate from the CSC, as well as information on the accrual of benefits for the last 12 months. If we are talking about a pensioner, then you can provide a copy of the pension certificate.
2. medical report on the applicant's state of health. It is compiled in a special form and involves examination by the following specialists: therapist, infectious disease specialist, narcologist, psychiatrist, phthisiatrician. Such a list of narrow-profile doctors is not accidental: it is important to establish whether there are diseases included in the list of unacceptable for obtaining the status of a guardian. So, if the applicant is ill with tuberculosis, cancer, mental disorders, and has also acquired a disability of the 1st group, he cannot be cared for by another person for medical reasons. Such a medical certificate after the expiration of three months becomes invalid for state bodies and will have to be obtained again.
3. copy of marriage certificate(in the presence of).
4. if you plan to move to a guardian's house, then you need consent of all family members living together with him, including children who have reached the age of 10. With the consent of the guardianship authority, it is possible for both to live - both the assistant and the elderly incapacitated person at the place of residence of the latter.
5. autobiography, information on preparation for communication with incompetent citizens (if such courses are available in the region).

Previously, until 2012, an additional requirement was to provide information on the compliance of the living quarters where the ward will live with sanitary standards. Currently, such data is not required to be submitted - they are requested by the guardianship authority, like other documents:

• information on the right to own or use the residential premises where the person who wrote the application lives;
• information about the criminal record (request to the Information Center of the Internal Affairs Directorate of the region or territory);
• if the person who expressed the desire to patronize is a pensioner, a request is made to the territorial office of the Pension Fund of the Russian Federation for accruals.

If at some stage of the registration procedure you change your mind about becoming a guardian, no one can force you to do this: in civil law it is forbidden to become an assistant under someone else's compulsion.

Approximately within 15 days from the date of filing an application by a citizen, the guardianship authority, after studying his personality, lifestyle, family ties and moral qualities, concludes that it is possible to appoint him as a guardian. A decision is made about this (in the form of an act of appointment), as well as a refusal, while indicating the reasons is mandatory.

Of course, the refusal can be appealed in court, providing evidence of honesty of their intentions to help and compliance with the requirements for obtaining the status of a guardian. It should be noted that there are few cases of appealing against refusals in practice. There are far more applications to the court from relatives who are dissatisfied with the decision of state bodies to appoint one or another relative as an assistant. Here you need to understand that the guardian from the moment of appointment does not automatically become the heir of the ward - in this part, the general rules of inheritance apply (by law or by will).

Rights and obligations of a guardian

Guardianship implies the ability to represent the interests of the person being cared for in any institutions, government bodies, etc. without additional authorizations. In addition to the general requirement to act solely in the interests of the ward, specific rights and obligations may be established individually. So, in the act of appointment (if care is free) or in the contract (if assistance is provided on a reimbursable basis), a ban on any specific actions (use of certain property of the ward, spending funds for a specific purpose, etc.) may be provided. In some cases, a clause is indicated on the prohibition to change the place of residence of the ward.

As a general rule, the obligation of a guardian to take care of an incapacitated elderly person is performed free of charge. At the same time, if the guardianship authority considers it necessary (primarily in the interests of the incapacitated), it is allowed to conclude an agreement with an assistant on a paid basis. The source for paying for the services of an assistant can be both the income of the ward (no more than 5%), and the federal budget (in the amount of 1200 rubles per month). Instead of a monetary reward, the guardianship authority may allow the use of certain property of the ward. So, for example, there may be permission to use a car incapacitated.

Every year, the caregiver is required to submit a report on the expenditure of funds and on the state of the property of his ward (by February 1).

One of the rights of those who have assumed responsibility for looking after an elderly incapacitated person is free advice from lawyers, psychologists, and doctors. All organizational issues related to the need for consultations of this nature are resolved by the staff of the guardianship authority.

Control by competent authorities

All activities of the department of guardianship are reduced to the interests of those who need help. Federal legislation directly establishes priority areas for the work of such state bodies, which must:

• control the quality of care for disabled elderly people, check them at the place of residence for living conditions, good nutrition, and medical care. So, the employee is obliged to check at the place of residence in the first month from the date of approval of the candidacy - once, in the subsequent time - once every three months, from the beginning of the second year - once every six months. Unscheduled inspections can be at any time, depending on the circumstances (for example, a report was received about the improper performance of the duty of care). In addition, if the ward is being treated in a hospital, a representative of the guardianship body has the right to visit the patient there as well;
• monitor the safety of the property of an elderly person, as well as his money,
• if violations are established on the part of the guardian, within three days he is suspended from fulfilling the obligation to provide assistance to an elderly person. If the life or health of the latter is in danger, the guardianship authority immediately takes measures to eliminate it (if necessary, organizes the transfer to a medical institution, determines the place of residence if there is no possibility of staying at the previous address, etc.).

Features of patronage

Patronage is issued only with the consent of the ward, who is a fully capable citizen, for some reason temporarily unable to serve himself. So, it could be care for people who got into accidents with serious consequences, for disabled people or citizens over 80 years old.

In other words, patronage involves assistance in everyday life, without making transactions on behalf of the ward, without the possibility of disposing of his property. Such actions will be possible only when drawing up a power of attorney or when concluding an agreement on trust management, commission, that is, according to the general rule.

The law prohibits the patronage of employees of medical and social organizations involved in the care of the sick.

For registration, you need to apply with an application and a passport to the guardianship department at the place of residence of the person in need of assistance, after which the decision will be known within a month. The requirements for patron candidates are similar to those for guardians. If the applicant complies with them, the guardianship authority concludes an agreement with him, which specifies the obligations and rights of both parties.

The time during which patronage was carried out is counted in the total length of service. Currently, the monthly supplement for patronage is 1200 rubles.

Question answer

Question:
I applied for guardianship of my elderly sister, who was declared incompetent. The decision of the guardianship authority was positive, but due to circumstances I was unable to take care of my sister. Three months have passed, now I can exercise the right of guardianship (for this I currently have the opportunity)?

According to the explanations of the Government of the Russian Federation, the conclusion issued to a citizen on the possibility of becoming a guardian is valid for two years. You have the right to use a positive decision and re-apply for registration, without providing the documents included in the list.

Question:
I am my mother's guardian. My surname has changed, do I need to notify the guardianship authority about this?

Yes, you should notify the guardianship authority where you applied to change your personal data. It is necessary to provide a copy of the document on the basis of which the surname was changed, after which the employee will make changes to a special register.

Question:
I would like to conclude an agreement with the guardianship authority on paid guardianship of my distant relative who lives in another region. Is it possible to do this by power of attorney certified by a notary?

Unfortunately, the law prohibits concluding such agreements through a representative; you must appear in person at the guardianship department.

Question:
I take care of my uncle. In his interests, I rent his apartment, with his consent and knowledge. But lately, my uncle has a mental disorder, he can no longer give me recommendations, permissions to rent out his property. Is it possible to use the apartment (that is, rent it out) without the consent of the uncle, in his interests?

If your uncle has obvious mental disorders, you need to go to court to declare him incompetent and then establish guardianship over him. Only in this case, you will have the right to dispose of his property without a special agreement or assignment. You can't do this as part of the patronage.

Any citizen of the Russian Federation who has a desire to take care of a person in need of help and provide him with comprehensive support can become a guardian of a person of age.

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The main requirement for citizens is the conscientious fulfillment of the obligations undertaken, the expedient spending of the income of the ward - pensions, benefits, amounts received from the use of property.

Guardianship can be appointed only with the consent of the ward and is formalized by an act of the body authorized to make such administrative decisions.

What it is?

The concept of guardianship is given in Art. 2. Guardianship is a form of arrangement of citizens who are deprived of legal capacity on the basis of a judicial act.

Guardianship may be established over minor children under the age of 14 and adult citizens who have lost the opportunity to be legally capable.

The guardian must make a decision solely in the interests of the ward.

Guardian:

• represents the interests of the ward in all state instances;
• is responsible for the safety of valuable things of a citizen over whom guardianship has been established.

Who is eligible?

Guardianship of an elderly person can be established by a capable adult citizen of the Russian Federation who agrees to act in the interests of the ward and provide him with constant assistance. The guardian must not have a criminal record, not be registered with a narcologist or psychotherapist.

It is forbidden to establish guardianship in order to take possession of the property of the ward.

Only a person who has not committed serious crimes against the life and health of citizens can be a guardian.

Relatives of an elderly person or other citizens who agree to take care of the ward can establish guardianship.

Terms

Guardianship authorities are obliged to identify people in need of constant care. Guardianship must be established within a month after the person left without care is identified.

Mandatory condition: the elderly person must be incapacitated, i.е. this must be confirmed by a court decision.

The guardian shall not have the right to sell, arbitrarily use the property of the ward. To do this, you need to get permission from the guardianship authority. The guardian must live with the ward, unless the elderly person does not have the necessary property.

A ward may be placed under guardianship by only one person. One elderly person may have several guardians, if necessary for the interests of the ward.

Duties and rights of a guardian

They are determined by the Civil Code of the Russian Federation and Federal Law No. 48 - Art. 15. Guardians represent the legitimate interests of the wards and protect their rights without confirming their authority.

Guardians and caregivers must:

• take care of the wards;
• give them full support;
• take care of the provision of social and medical assistance to the wards.

Guardians are obliged to provide housing conditions for the ward. An agreement on the determination of guardianship or an act of an authority may indicate certain actions that the guardian cannot perform. A ban on changing the place of residence by the guardian may be established.

The guardian must provide a detailed inventory of the property of the ward. Such a document is submitted in two copies, one of which remains with the guardian, and the other is filed in the personal file of the ward.

The inventory contains all property that was not transferred to trust management - in accordance with the Civil Code of the Russian Federation -.

The guardian may dispose of the valuable things of the ward only with the permission of the guardianship authority. The guardian is obliged (not later than February 1 of each year) to submit a report on his activities, indicating all actions of a property nature, expenses for the ward (with the exception of expenses for treatment, food, and other personal expenses).

Difference from patronage

Patronage is a form of social arrangement, which is permissible only in relation to adult capable people.

Guardianship is established only over incompetent citizens who cannot understand the content of their actions and bear responsibility for them.

Patronage is established exclusively by mutual agreement between the patron and the elderly person under guardianship.

When establishing guardianship, the opinion of the ward may be taken into account, but it is not necessary when making a final decision.

Legislation

Guardianship is regulated by the Civil Code of the Russian Federation and the Federal Law "On guardianship and guardianship". The maximum amount of payments is set at the level of the subject of the Russian Federation.

Guardianship is also subject to the provisions of the Federal Law “On Social Guarantees to Citizens”. Guardianship decisions are made on an individual basis.

Guardianship of an elderly person

Guardianship is possible on the basis of an act of guardianship or after the conclusion of an agreement on guardianship and guardianship.

If a contract is concluded with the guardian, then guardianship will be paid. The amount of payments can be lump sum, monthly or determined based on the period agreed between the parties.

It is possible to establish urgent and preliminary guardianship. The term of preliminary guardianship cannot be more than six months.

After 80 years

The age of the elderly ward is not considered a determining criterion for establishing guardianship. The rights and obligations of a guardian are binding regardless of how old the elderly person is.

The guardian has the right to apply to the social security authorities for measures of social assistance, including support from the social worker.

Incompetent

Guardianship is established only. Any interested person can deprive a citizen of legal capacity, but only in court and with the participation of a prosecutor. A claim for incapacity may also be filed by the guardianship and guardianship authorities.

They themselves have the right to act as a guardian of the elderly, if the necessary candidacy of the guardian cannot be found.

Over a relative or stranger

Guardianship of an elderly person over the age of 80 is established regardless of the degree of kinship. But close relatives of a person of age have a priority right to establish guardianship.

An application to the guardianship authorities can be submitted by any person who is ready to act in the interests of the ward.

Registration procedure

For you need to submit an application of a certain sample, collect documents.

The commission examines the living conditions of the guardian, conducts a conversation with the ward (if possible), examines the documentation provided and makes a reasoned decision or refusal of guardianship, which can be challenged in court.

Where to do it?

You need to apply to the guardianship authority of the municipal district or city. You can find out the exact address on the website of the administration of a particular locality.

You need to apply in person, preferably in the presence of the prospective ward.

What documents are needed?

To establish guardianship, you must provide:

• personal documents of the guardian and ward;
• medical certificates;
• certificates from the Ministry of Internal Affairs;
• title documents for the property of the ward;
• a court decision on the incapacity of the ward;
• medical report on the current condition of the ward.

Guardianship authorities request information from the Ministry of Internal Affairs, registry offices, verify the accuracy of the information provided.

Third parties may be involved to manage the property of an elderly ward, but only with the approval of the guardianship authorities.

Sample Application

The application contains the name of the guardianship authority, a description of the current situation and a reasoned request for the establishment of guardianship.

Objections and explanations of third parties, including the ward himself, may be attached to the application. They must be taken into account when making a decision on guardianship.

Is parental consent required?

When establishing guardianship, the consent of relatives is not required. But their opinion must be taken into account when making the final decision.

The decision on guardianship can be challenged by relatives in court.

What gives?

The ward receives full protection of his interests. His property will not be plundered, but only if the guardian is conscientious and acts in the interests of the elderly person.

The guardian receives remuneration if he fulfills his obligations under the contract.

Payouts

To learn how to take custody of an elderly person, one must remember that he retains the right to (pensions, benefits, income from the use of property).

The guardian disposes of these, but only in the interests of the warded citizen.

Privileges

The guardian has the right to count on measures of social assistance from the state. If the ward lives with the guardian, then the guardian can count on an increase in the size of the living space provided under a social tenancy agreement.