How to make a guardianship over a child. How to make a guardianship over the elderly. What documents are needed for guardianship. How much pay for guardianship - what are the payments

Unfortunately, human life is very unpredictable, and very often such situations occur, which in the root change its move. It often happens that children lose their parents, people get disability, and old men can no longer care for themselves, but not one of the categories of these people do 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 country's legislative base, which indicates such a concept as "guardianship". Today we will talk about what is guardiousness and how to make it properly.

Is it possible to make a guardianship?

Answering this question, we will be repelled by the fact that our country is a legal country, that is, in which a person, his life, health and rights is the highest social value. That is why the state should not only monitor all the processes that occur in the country, but also to 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 protection for those categories of citizens who are currently protected by the least:

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

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

The answer to the question: "Is it possible to place the guardianship?" Is obvious - you can and even need if the circumstances that have developed in your life are required. However, this procedure cannot be carried out without a complete package of necessary documents for guardianship. That's where the most interesting thing begins.

Most people, by virtue of their ignorance, are very afraid of this stage - the collection of the necessary documents for registration of guardianship, but sobering in this matter, it becomes clear that "the hell is not so terrible as his little."

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

1. Document certifying the identity and its copies.
2. A brief autobiography that must be compiled independently by the person who actually submits documents.
3. Statement. In this document, it is necessary to set out your request to establish a guardianship.
4. Document confirming the absence of criminal record.
5. A document that confirms the fact that you are the owner of residential property.
6. Help from the organization or institution in which you work. In this document, it is necessary to specify the amount of remuneration and work position.
7. If we talk about pensioners, then a copy of the document, which confirms that the person is retired and a certificate from the PF or any other body, which is directly providing retirees.
8. Document on the passage of the medical examination. Help confirms that your health condition is satisfactory.
9. A copy of the certificate of conclusion or termination of marriage.
10. You also need to get permission from all family members who live with a potential guardian.
11. Since there is a special preparation for guardians, then a document is also needed that would confirm that you have passed it.

Submit documents to the following authorities:

• The District Court - to this authority should be referred to if the guardianship will be installed above the incapacitated person.
• The guardianship authorities - in case of establishing guardianship of the child up to 14 years.
• Organs of social Protection - If we are talking about pensioners or people who have disability.

Guardianship: Conditions for the design and obligations of guardians

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

1. The applicant should not be an outstanding criminal record.
2. No disability.
3. Health complaints should be absent.
4. Not to be held accountable for especially grave crimes, as well as for the crimes of moderate severity.
5. Not to be held accountable for articles that are associated with harm to human health and his life.
6. Do not be devoid of parental rights.
7. Be a decent citizen and have personal qualities of the guardian. However, which personal qualities - does not specify the law.

A person who becomes a guardian receives not only the right, but also certain responsibilities that he must fully and unquestionably perform:

1. The first thing that a person should do, taking someone to protect him. Under protection implies not only the physical security of a person, but also its ability to be indirectly, but to implement their rights. It is the guardian who must take care of his ward and provide it with everything necessary for a comfortable life. Should in case of illness treat him and care for it.
2. If we are talking about a minor child, the guardian is obliged to educate it, and also provide an opportunity to learn and accordingly control this process.
3. When guardianship is installed on an incapacitated citizen, the guardian must try to teach the ward to understand the meaning of his actions and be able to dispose of them.
4. When careing, the guardian must be guided first of all its opinions and preferences.
5. If the need for guardianship over incapable disappeared, the guardian should apply to the appropriate authority and apply to the court on recognition of a citizen capable.

Refusal of guardianship

Since the guardianship is considered the right of a citizen, and not his duty, then the refusal of it is quite possible.

• The reasons for refusal may be the most diverse. Primary, guardian may refuse guardianship simply because no longer wants to care for the ward.
• Also, the guardianship can also be abandoned due to the incidental dislike between the guardian and swelling.
• Often, the rejection of the guardianship occurs due to the complex reporting system, which must be provided with the appropriate authorities.
• Anyway, but it is quite realistic to abandon the guardianship, for this, a person who acts as a guardian must contact the territorial guardianship of the guardianship with the relevant statement.

Guardianship over the child

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

Okek is possible only over children, which:

1. They remained without one of the parents or without parents in general.
2. Parents of which are deprived or limited in parental rights.
3. If parents are recognized as incapable (age, health condition).
4. If parents are missing for a long time (work abroad, staying in places of imprisonment).

So, in order to become a guardian of a minor child, firstly, you need to make sure that you come to this "role." Requirements for guardians and cessurance conditions We have discussed a little earlier.

Next, it is necessary to collect all the documents and contact the custody and guardianship authorities. The list of documents was also voiced earlier.

Choosing between native baby and unfamiliar people, the guardianship and guardianship authority will always make a choice in favor of the first. That is why very often grannies and grandparents are addressed to the bodies for registration of guardianship. Guardianship over grandchildren is quite normal practice and quite common. By the way, grandparents, the native brothers and sisters have an advantage over all other people when making a guardianship.

It is also worth discussing the issue of payroll:

• On the general basis, the responsibilities for care are performed free of charge, that is, free.
• However, if there is a need, the body of the guardianship and the guardianship can conclude with a person who performs the obligations of the guardian, the feasibility agreement on a fee of a fee. With this authorized body must take into account the interests of the guarded.
• The amounts of monthly payments may differ from each other, because they depend on many factors, for example, from the region of residence or the state of health of the kid. If we talk in general, the amounts may vary within 5000-8000 rubles.

Custody of elderly

Unfortunately, in old age, many people can no longer have proper care and need extraneous assistance, which is why quite often over the elderly the full guard or guard in the form of patronage is installed.

IMPORTANT: Entry for guardianship over an old man can either his relative or a perfect foreign person, (relative to kinship) who expressed such a desire.

Next, let's talk separately about the full care and the patronage:

• The guardianship is only possible if the court will be recognized as the fact of human incapacity. The incapacity of the citizen is manifested in the impossibility of understanding their actions and manage them.
• In this case, the guardian will be forced to fulfill all the responsibilities of the pensioner, as well as take care of him.
• If we talk about care in the form of patronage, then things are a little different. The patronage is installed above the elderly, which, because of its age and the absence of physical ability, need help, but they do not have mental disorders. Transferring a person under the patronage, it is necessary to get his consent to it.
• In order to establish a complete guardianship over the elderly, you need to go to court if it comes to patronage - to the guardianship and guardianship.
• The list of documents for registration of guardianship over the people of old age is similar to that which was previously described.

Special guardianship can be called guardianship over people who have reached 80 years and more. Anyone who decided to take such an elderly man under their custody should objectively assess their future responsibilities and unquestioning them after the establishment of guardianship.

Taking under the guardianship of people of such age categories has its own characteristics:

1. The guardian should be in working age, but must be unemployed.
2. All the time that the guardian spends with the wards is necessarily counted him in labor experience.
3. For this guardian gets compensation.

As for the payment for guardianship over the elderly, the question is very simple:

• If the guardian is a relative of the pensioner, then the money remuneration will not pay him.
• If the care makes the 3rd face, then the allowance can be 1200 rubles.

It is also worth saying that in our time it is possible and a guard over parents. Since the most common officer is carried out on parents who are in a retirement age, then the procedure does not differ from the one that is carried out when the custody of the elderly is established.

Guardianship over people who are assisted and incapacitated

To begin with, we will talk about the guardianship of disabled I, II Groups:

• Disabled I groups are people who are completely disabled, and in principle, can not live without any assistance. Before making a final decision to establish a guardianship over such a person, it is important to objectively assess your strength and opportunities.
• Persons with disabilities of group II need partial care and assistance. However, they can not move independently.

To make a guardianship of people with disabilities, it is necessary to have the following documents:

• A document that certifies the identity (in our case of the passport of both participants of the procedure).
• Document confirming the incapacity of the cloigned.
• Certificates of registration of both participants of the procedure.
• Certificate of income of both participants of the procedure.
• Characteristic from work or study.
• Help on the health status of the future guardian.
• Brief, written personally, autobiography. The document is filed by a person who wants to take someone under the custody.
• Copy Inn.
• Relevant documents that indicate the availability of their property.
• A document in which the housing conditions of the future guardian are recorded.
• Document of non-support.

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

As incapable, as mentioned earlier, a person who does not understand his actions can be recognized and cannot manage them. Only court can decide on the incapacity of a person.

• As soon as the court decides on the incapacity of a citizen, and it will enter into force, the guardianship and guardianship authority should be found. There is a transfer of such information for 3 days.
• In turn, the aforementioned body should appoint a guardian for an incompetent person for one month, and in case of non-fulfillment of this duty, all the functions of the latter must be executed by guardianship bodies.
• Under its custody can only take a person who reached 18 years and which is capable.
• The list of documents for registration of the guardianship was described earlier, in the same way as the list of duties imposed on the future guardian.

As you can see, guardianship is truly one of the few forms of state protection that exists not only "on a piece of paper." I would like to draw your attention to the fact that the guardians whether it is over a child, a pensioner, or an incapacitated citizen and disabled person, is very serious, so you should consider it extremely responsible. Despite the fact that today in the state there is a clear mechanism for taking care of guardianship, it must be remembered that people are not things that can be returned or change.

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