How to issue guardianship over a child. How to issue guardianship over an elderly person. What documents are needed for the registration of guardianship. How much do they pay for guardianship - what payments are there

Unfortunately, human life is very unpredictable, and very often there are situations that fundamentally change its course. Often it happens that children lose their parents, people receive disability, and old people can no longer take care of themselves, but not one of the categories of these people does not cease to need elementary care, care and attention.

What to do in such a difficult situation? In order to answer this question, it is necessary to look into the legislative framework of the country, which indicates to us such a concept as “guardianship”. Today we will talk about what the guardianship is and how to draw it up correctly.

Is it possible to issue guardianship?

When answering this question, we will build on the fact that our country is a legal country, that is, one in which a person, his life, health and law is the highest social value. That is why the state should not only control all the processes that occur in the country, but also provide people with the most comfortable living conditions.

Of course, guardianship cannot be called one of the ways to improve the quality of life, but it can be called a special form of social protection of the population.

It is worth saying that guardianship primarily acts as a protection for those categories of citizens who are the least protected today:

• Children under 14 years old.
• Pensioners.
• Incapital people.
• Disabled.

In simple words, it is these categories of people who have the right to be taken under guardianship in case of need for it. However, everything is in order.

The answer to the question: “Is it possible to issue guardianship?”, Obviously, it is possible and even necessary if the circumstances that have developed in your life require it. However, this procedure cannot be carried out without a full package of the necessary documents for guardianship. This is where the most interesting begins.

Most people, by virtue of their ignorance, are very afraid of this stage - the collection of the necessary documents for the design of the guardianship, but having understood this issue, it becomes clear that "the devil is not as terrible as they are painted."

So, what documents are needed in order to take guardianship?

1. An identity certificate and its copies.
2. A brief autobiography, which must be compiled independently by the person who actually submits documents.
3. Statement. In this document it is necessary to state your request for the establishment of guardianship.
4. A document confirming the absence of a criminal record.
5. A document that confirms the fact that you are the owner of residential property.
6. A certificate from the organization or institution in which you work. In this document, it is imperative to indicate the amount of wages received and the working position.
7. If we talk about pensioners, then a copy of the document that confirms that the person is in a pension and a certificate from the PF or any other body that directly provide pensioners.
8. A document on a medical examination. The certificate confirms that your health condition is satisfactory.
9. A copy of the certificate of conclusion or divorce.
10. You also need to obtain permission from all family members who live with a potential guardian.
11. Since there is special training for guardians, a document is also needed that would confirm that you have passed it.

Documents must be submitted to the following authorities:

• The district court - this body must be applied if the custody is installed on a legally incompetent person.
• Guardianship authorities - in the case of the establishment of custody of a child under 14 years of age.
• Social organs. protection - if we are talking about pensioners or people who have disability.

Guardianship: The conditions of registration and obligations of guardians

Despite the desire expressed by many people, not all of them can take someone under their custody. In order to be able to take someone under guardianship:

1. The applicant should not have an outstanding criminal record.
2. Lack of disability.
3. Health complaints should be absent.
4. Do not be prosecuted for especially serious crimes, as well as for medium -sulcurrenity crimes.
5. Do not be held accountable for articles that are associated with harm to human health and his life.
6. Do not be deprived of parental rights.
7. Be a decent citizen and have the personal qualities of the guardian. However, what kind of personal qualities - the law does not specify.

A person who becomes a guardian receives not only rights, but also certain duties that he must fulfill regularly and implicitly:

1. The first thing a person who takes care of someone should do is to protect him. Protection means not only the physical security of a person, but also his possibility, although indirectly, to exercise his rights. It is the guardian who should take care of his ward and provide it with everything necessary for a comfortable life. In case of illness, he must treat him and take care of him.
2. If we are talking about a minor child, then the guardian is obliged to educate him, as well as provide an opportunity to study and, accordingly, control this process.
3. When guardianship is set over a legally incompetent citizen, the guardian should try to teach the ward to understand the meaning of his actions and be able to dispose of them.
4. When caring for a trustee, the guardian should be guided primarily by his opinion and preferences.
5. If the need for guardianship of the legally incompetent disappears, then the guardian should contact the appropriate body and petition the court to recognize the citizen capable.

Refusal of guardianship

Since guardianship is considered the right of a citizen, and not his obligation, the abandonment of him is quite possible.

• The reasons for the refusal can be very diverse. Trite, a guardian can refuse guardianship simply because he no longer wants to take care of the ward.
• You can also abandon guardianship because of the personal hostility between the guardian and the guardianship.
• Often, rejection of guardianship occurs due to a complex reporting system that the guardian should provide the relevant authorities.
• One way or another, but it is quite possible to abandon guardianship, for this, a person who acts as a guardian must apply to the territorial guardianship authority with an appropriate statement.

Guardianship over the child

Most often, guardianship is carried out precisely over minor citizens of our country.

Guardianship is possible only over children who:

1. They were left without one of the parents or without parents at all.
2. Whose parents are deprived or limited in parental rights.
3. If parents are recognized by the court incompetent (age, health status).
4. If parents are absent for a long time (work abroad, stay in places of imprisonment).

So, in order to become a guardian of a minor child, firstly, you need to make sure that you are approaching this “role”. We discussed the requirements for guardians and the conditions for the registration of guardianship a little earlier.

Next, you need to collect all the documents and contact the guardianship and trusteeship authorities. The list of documents was also announced earlier.

Choosing between the natives of the baby and strangers, the guardianship authority will always make a choice in favor of the former. That is why very often grandfathers and grandfathers of babies contact the authorities for the design of guardianship. Guardianship over grandchildren is a completely normal practice and is very common. By the way, grandparents, native brothers and sisters have an advantage over all the other people in the design of guardianship.

It is also worth discussing the issue of payment of guardianship:

• On a common basis, the responsibilities of custody are performed free of charge, that is, for free.
• However, if there is a need, the guardianship and trusteeship body may conclude with a person who acts as a guardian, an agreement on guardianship on a paid basis. With this authorized body should take into account the interests of the guardian.
• The amount of monthly payments may differ from each other, because they depend on many factors, for example, on the region of residence or health status of the baby. In general, the amounts can vary within 5000-8000 rubles.

Guardianship over the elderly

Unfortunately, in old age, many people can no longer provide their own care and need outside assistance, which is why quite often the elderly is established a complete custody or custody in the form of patronage.

Important: either his relative or a perfect stranger, (regarding kinship) who expressed such a desire, can arrange guardianship of an old person.

Next, let's talk separately about the complete guardianship and about the patronage:

• The custody is fully possible only if the court is recognized by the fact of human incapacity. The incapacity of a citizen is manifested in the impossibility of understanding his actions and managing them.
• In this case, the guardian will be forced to fulfill all the duties of a pensioner, as well as take care of him.
• If we talk about guardianship in the form of patronage, then things are a little different. The patronage is installed over the elderly, who, due to their age and the lack of physical opportunity, need help, but at the same time they do not have mental disorders. By transferring a person to the patronage, it is necessary to get his consent to this.
• In order to establish complete guardianship of an elderly person, you need to go to court, if we are talking about patronage - to the guardianship and guardianship authority.
• The list of documents for the registration of guardianship over people of advanced age is similar to the one that was described earlier.

Special guardianship can be called guardianship of people who have reached 80 years or more. Everyone who decided to take such an elderly person under his custody should objectively evaluate his future duties and unquestioningly fulfill them after the establishment of guardianship.

The takeing of people of such a age category has its own characteristics:

1. The guardian must be at working age, but must be unemployed.
2. All the time that the guardian conducts with the ward is necessarily counted in his work experience.
3. For this, the guardian receives compensation.

As for precisely payment for guardianship over an elderly, this question is very simple:

• If a relative of a pensioner acts as a guardian, then they will not pay a monetary reward.
• If the departure makes the 3rd person, then the allowance can be 1200 rubles.

It is also worth saying that in our time, custody of parents is possible. Since most often custody is carried out over parents who are in retirement age, the procedure is no different from the one that is carried out when the guardianship is established over the elderly.

Guardianship of people who are given disability and incapable

To begin with, let's talk about the guardianship of disabled people, II groups:

• Disabled people of group I are people who are completely disabled, and in principle, they cannot live without outside help. Before making the final decision on the establishment of guardianship over such a person, it is important to objectively evaluate your strength and capabilities.
• Disabled groups of groups of groups need partial care and assistance. However, they cannot move on their own.

To issue guardianship of people with disability, it is necessary to have the following documents:

• A document that certifies an identity (in our case, the passport of both participants in the procedure).
• A document confirming the incompetence of the guardianship.
• Certificates of registration of both participants in the procedure.
• Certificate of income of both participants in the procedure.
• Characterization from work or study.
• Help on the state of health of the future guardian.
• Briefly written with your own hand, autobiography. The document is submitted by a person who wants to take someone under guardianship.
• Copy of TIN.
• The relevant documents that indicate the availability of their property.
• A document in which the housing conditions of the future guardian are recorded.
• Document about disgust.

It is worth saying that the I, II, and III group of disability receives material assistance and medications from the state, and the guardian itself may apply for compensation in the amount of 1200 rubles. However, it is important to know that such compensation will not be provided if the guardian works or has other sources of income.

The incompetent, as mentioned earlier, can be recognized as a person who does not understand his actions and cannot control them. Only the court can resolve the issue of incapacity of a person.

• As soon as the court makes a decision on the incapacity of the citizen, and it will enter into legal force, the guardianship authority must find out about this. There is a transmission of such information within 3 days.
• In turn, the aforementioned body must be appointed within one month for the incompetent person of the guardian, and in case of failure to fulfill this duty, all the functions of the latter must be performed by guardianship authorities.
• Only a person who has reached 18 years and which is legal capacity can take under his care of the incapable.
• The list of documents for the registration of guardianship was described earlier, just like a list of duties assigned to the future guardian.

As you can see, guardianship is really one of the few forms of state protection, which exists not only “on a piece of paper”. I would like to draw your attention to the fact that the custody of the child, a pensioner or an incompetent citizen and disabled person is a very serious matter, so you need to be extremely responsible to such a decision. Despite the fact that today there is a clear mechanism for rejection of guardianship in the state, you need to remember that people are not things that can be returned or changed.

Video: What is custody and who can become a guardian?