What documents need to be collected for guardianship? Registration of guardianship of a child with living parents. Over a child or incapacitated citizen

In our society, it is customary to take care of the elderly. It is such an unspoken duty to “give back” to parents and grandparents for their contribution to raising children.

Few people know what Russian legislation provides, with all the attributes: remuneration, benefits, rights and responsibilities. What do future caregivers need to know?

Since guardianship is regulated by law, it is important to know all the nuances: what is guardianship from the point of view of the law, what age can be considered “elderly”, what exactly regulations this activity is subject to.

The legislation requires the use of specific terms, not synonyms. Therefore, you need to know the age periodization used in the laws of the Russian Federation:

elderly person - a person who has reached retirement age(women – 56 years old, men – 61 years old). Old age ends at 70 years;
old person or senile age - a person falling within the age range: from 70 to 90 years;
centenarian – a person whose age is more than 90 years.

Despite the fact that the law clearly delineates age periods, very often all those who have retired are called elderly. In this case, they will simply specify the specific age: before 80, after 80.

- This special assistance, which turns out to be one person (relative or not) to another:

an elderly sick citizen,
who has reached old age or has long lived.

Established by a court decision in connection with the incapacity of an elderly person, in some cases at the request of the person under guardianship.

Registration of one of the types of guardianship is possible from retirement (for example, for medical reasons, exacerbation of chronic diseases). Starting from the age of 80, every resident of Russia can find a caring assistant. Any guardianship is possible only by agreement with the elderly person himself (if he is sane).
There are two regulatory documents regulating all types of guardianship activities:

Civil Code of the Russian Federation (Civil Code of the Russian Federation), articles 29 – 41.
Presidential Decree No. 774 of May 13, 2008, which specifies additional measures of social support for persons caring for incapacitated people.

Articles of the Civil Code of the Russian Federation cover all aspects of guardianship activities:

Art. 29, 30 – recognition and restrictions of incapacity;
Art. 31–33 – procedure for establishing guardianship;
Article 35 – requirements for a guardian;
Article 36 – fulfillment of rights and obligations;
Art. 37, 38 – property of the person under guardianship and everything connected with it;
40 – reasons for refusal of guardianship;
41 – guardianship over a sane citizen (patronage).

The guardian is responsible before the law for the acts and harm caused to his ward. In the event that it is proven that the harm caused was caused by the actions of the ward. Moreover, this responsibility is not removed from the trustee, even if the ward has been declared legally competent or has died. The main thing is that at the time of the act he had a guardian.

In accordance with Article 35 of the Civil Code of the Russian Federation, a guardian can be:

a person who has reached the age of majority (18 years old);
capable;
has no criminal record;
a subject whose biography does not include the indicator “deprivation of parental rights.”

If a citizen falls under at least one of the listed factors, then submitting documents for guardianship is useless. Even if the guardianship staff makes a deal, it will mean that they have broken the law.

The legislation does not provide for other restrictions. But guardianship workers take into account the “human” factor. Namely:

the future guardian himself must be physically and mentally healthy if he is caring for an incapacitated citizen;
do not have bad habits or mental illnesses (they often ask for a certificate from a narcologist and psychiatrist);
moral and ethical qualities.

Guardianship authorities give preference to people:

who are close or family relations with an elderly person;
provided a medical record documenting the absence various diseases(tuberculosis, malignant tumors, diabetes and other serious ailments);
have a medical education;
past special courses caring for the disabled.

Types of guardianship, list of documents to the social service

Guardianship can be of two types - full or partial guardianship. Partial guardianship is usually called patronage.

Patronage is partial guardianship provided to a citizen who needs constant care. The main condition is the desire of the elderly person himself. Patronage includes individual species help (buy food and medicine, clean the house, run errands), but not constant round-the-clock support.

Full guardianship is established by the court, and the person in need of assistance is declared incompetent for health reasons (physical or mental). A person who has reached the age of 80, but is partially capable, also has the right to full guardianship.

Let's look at what documents the guardian needs to collect in both cases of guardianship.

Patronage

The package of documents for patronage includes:

A copy of a passport or other identification document confirming the age of the future guardian.
A certificate from a doctor, in which the doctor confirms the absence of serious illnesses and gives the person the right to act as a guardian.
Additional certificates from a narcologist, psychiatrist and TB specialist.
Certificate of no criminal record.
Consent of the ward and his relatives.
A contract agreement that sets out all the rights and obligations of the ward and guardian.
Two statements: on consent to be a guardian and on the appointment of patronage.

Example of Guardian Approval Application

Example of an application for establishing patronage

Additional documents that are not mandatory, but give a high chance of granting guardianship:

Characteristics from the place of work, neighbors or local commissioner.
Autobiography.
Certificate (indirectly shows that the guardian acts on a voluntary basis).

Full guardianship

The list of documents for full guardianship duplicates the list of certificates for patronage, only with the mark “guardianship” and not “patronage”.

Additionally, documents are submitted to the court so that the judge recognizes the elderly person as incompetent, and then provides the guardian with the opportunity to exercise full guardianship.

The court also gives the right to dispose of the ward's property. Based on this, a corresponding agreement is concluded.

Three parties must sign it: the guardian, the relatives of the ward and two independent persons.

Procedure for issuing a guardianship permit

The algorithm of actions for registering guardianship is clearly regulated by Russian legislation. Sequence of steps:

Determine the need for guardianship. Perhaps the ward himself or his relative will come up with such an initiative. The second option is for the court to make a decision on the need to provide the person under guardianship with round-the-clock assistance.
Collect the necessary package of documents, depending on the upcoming type of guardianship. Come to the office in person social institution for writing an application and submitting documents.
Submit an application to the guardianship authorities for the registration of an elderly ward and submit the collected papers to the social service employees. Both parties to the agreement must write statements: the trustee and the ward. If the court has declared an elderly person mentally incompetent, then the appeal is written by the next of kin.
Wait for the results of checking the documents provided, studying all the characteristics of the future guardian (place of work, salary, living conditions, moral qualities). This takes no more than 1 week.
After this, the employees of the guardianship commission draw up a report on the examination and its result.
The Guardianship Council reviews the documents and the examination report, on the basis of which it makes a decision on whether to allow the applicant guardianship (of one type or another).

From the moment the package of documents is submitted until the guardianship authorities approve the upcoming patronage, no more than 15 days pass.

“Am I a guardian or do I have the right”

Since the agreement is signed on a mutual, bilateral basis, the guardian and the ward have rights and responsibilities. But it is better to clearly state them when leaving the custody agreement.

An elderly person who needs guardianship and does not have a court-confirmed mental disorders, has the right:

choose a trustee at your own discretion, but in compliance with Russian legislation;
terminate the existing contract at any time;
write off your movable and immovable property to the guardian. If you have partial legal capacity, you must obtain the consent of close relatives.

Types of guardianship

A person to whom the relevant authorities have confirmed one or another type of guardianship has the right:

manage the property and finances (pension, benefits) of the ward without the consent of employees of the special social service. The main conditions: do this in the interests of the elderly person and in such a way that he knows about it;
act on behalf of your ward, act as his trusted representative when interacting with various authorities or services;
live in living space belonging to the citizen under guardianship. And also take him to live with a guardian on his property;
work. Guardianship does not oblige the guardian to leave professional activity. As a rule, patronage does not interfere with work responsibilities. And guardianship, in which an elderly person needs round-the-clock assistance, can take up all the time of the guardian. Therefore, each person decides for himself whether he can combine care and work;
receive remuneration for your work: either in the form of costs or in the form of state benefits. In any case, it is necessary to specify in the contract all possible monetary payments to the guardian for performing certain actions.

provide the care that the elderly person needs (that is, eliminating or mitigating the reason for which guardianship was appointed);
perform various services and instructions (go to a pharmacy or store, fill out documents, call a plumber, etc.);
act on behalf of the ward, if the situation requires it (in social security, bank, clinic);
report to the person under guardianship about the work done, tasks completed, finances spent, and property available.

Advantages, opportunities, benefits

Russian legislation does not provide separate benefits for a guardian. There are preferential concessions for the oldest citizen. This issue is regulated by the Tax Code (Article 217) and Federal Law No. 2001-I “On Taxes” (Article 4).

If an elderly person gives the right to a guardian to manage and dispose of his property, then tax breaks apply to the latter. Provided that the pensioner remains the owner of the property.

When paying, we are guided by three legislative acts:

Article 16 of Federal Law No. 48 “On Guardianship and Trusteeship”, which states that the performance of duties can be free of charge or for a fee. The payment procedure is established by the constituent entities of the Russian Federation;
Decree of the President of the Russian Federation No. 175 “On monthly payments to guardians”;
regional standards.

Decree No. 175 specifies the following benefit amounts:

if an elderly person who is disabled from childhood is cared for by immediate relatives (parents, adoptive parents), then the amount of payments is 5,500 rubles;
in all other cases, the benefit is 1200 rubles.

To receive remuneration from the state, the guardian must meet certain requirements:

have no sources of income (work, social benefits, other sources);
be of working age (women under 55, men under 60).

Other monetary payments are negotiated between the parties to the guardianship agreement: how much, for what and under what conditions the guardian receives money (clause 2, article 16 of the Civil Code of the Russian Federation).

The advantage of guardianship is the countable work experience. Although this advantage is “overgrown” with two mandatory conditions:

an elderly citizen under guardianship must be 80 years old (RF Government Decree No. 555);
An appropriate agreement must be drawn up with representatives of the special social service.

Reasons for revoking guardianship

The reason for cancellation may be natural factors:

the elderly person no longer needs help, for which a court order is issued;
the warded citizen needs professional medical care, which is provided in special hospitals and institutions;
death of a person.

But there are other grounds for releasing a guardian from his duties. In cases where the trustee:

does not fulfill (or negligently fulfills) its obligations;
disposes of property without the consent of the ward or his relatives (if required by an agreement or the legislation of the Russian Federation). This may include: registration of lease, mortgage, sale without approval;
spent cash not on purpose. Or when the financial situation of the ward has noticeably worsened;
made any transaction between himself and the elderly person under his care.

As of today state level reserved for relatives of an elderly person legal right, exercise guardianship.

The legal basis provides legal basis for a number of actions: managing property, receiving remuneration for one’s work. At the same time, the legislation imposes a number of obligations and restrictions, violation or failure to comply with which has different legal consequences.

Video about necessary documents to apply for care benefits for a pensioner or disabled person of the first group:

Dec 22, 2017 Help manual

You can ask any question below

Before establishing guardianship (trusteeship) over Guardianship (trusteeship) can be established over a child who has both or only parents:

died (declaring parents dead, which is carried out by the court, is equivalent to death in legal consequences);
deprived of parental rights (limited parental rights);
declared incompetent;
due to health reasons they are unable to raise children;
cannot be with the child for some long time;
avoid education;
refused to take their children from educational, medical, social service or similar organizations;
created by their actions or inaction conditions that pose a threat to the life or health of children or interfere with their normal upbringing and development;
declared missing;
gave consent to the adoption of the child;
dropped off a child;
are in prison;
have not reached 16 years of age.

">an orphan or a child left without parental care, it is necessary to obtain a conclusion from the guardianship authority on the possibility of becoming a guardian (trustee). This is an intermediate stage in the procedure for establishing guardianship (trusteeship).

The document will give you the opportunity to:

if you don’t yet know who you want to take under guardianship (trusteeship), get access to the database of orphans and children left without parental care and get to know the child;
establish guardianship (trusteeship), conclude an agreement on the creation of a foster or foster family.

If you not Close relatives: grandparents, older full and half brothers and sisters.

">a close relative or stepmother (stepfather) of the child whom you want to take into custody (trusteeship), before receiving the conclusion you need to pass. Regardless of whether you are a relative of the child or not, to obtain the conclusion you must meet all Capable adult citizens can establish guardianship (trusteeship) over an orphan or a child left without parental care, with the exception of:

deprived (limited) of parental rights;
guardians (trustees) suspended from performing duties;
former adoptive parents, if the adoption was canceled due to their fault;
having an unexpunged or outstanding conviction for serious or especially serious crimes;
have or have had a criminal record, are or have been subject to criminal prosecution (except for those in respect of whom criminal prosecution terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insult), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, and also against public safety;
having diseases that prevent adoption: respiratory tuberculosis (dispensary observation groups I and II), infectious diseases, drug addiction, substance abuse, alcoholism, mental disorders or behavioral disorders, malignant neoplasms of any localization stages III and IV (malignant neoplasms of any localization stages I and II - only after radical treatment), disability group I;
those who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the legislation of the state in which such marriage is permitted, as well as those who are citizens of the said state and are not married;
those who have not undergone training (training is not required for close relatives of children).

">criteria for a guardian (trustee).

To obtain an opinion, you need to submit an application and a package of documents to the authorities social protection. Then, if everything is in order with the documents, undergo a living conditions check. If the guardianship authorities are satisfied with your living conditions and the relationships that have developed within your family, you will be issued a guardianship permit.

What are the conditions and procedure for its registration, what rights does the guardian receive?

Some people need third party care.

It is needed:

minors left without parents;
To old people;
disabled people

When citizens lose their legal capacity and cannot provide for themselves, guardianship may be established over them.

After completing this procedure, the relatives of the ward or third parties receive the status of guardians.

Who can become a guardian?

The law defines the main task of guardianship: protecting the rights of a person under guardianship who has completely or partially lost his legal capacity. When it comes to children deprived of parents, guardians are entrusted with the responsibility of raising them.

After formalizing the relationship between the trustee and his ward, mutual rights and obligations arise.

The cases in which guardianship is established are listed in Art. 31 Civil Code of the Russian Federation and Art. 145 RF IC. The rights and obligations of the parties, requirements for citizens are regulated in the Federal Law of April 24, 2008 No. 48-FZ.

Note!

The amount of benefits is determined by decrees of the President of the Russian Federation and the government of the country.

How to obtain guardianship?

To become a guardian, you must be of age and meet the requirements set by government agencies. After careful consideration of the application, an agreement is concluded. After registration, the citizen receives the right to state assistance and obligations towards the ward. If he does not perform the necessary functions, he may be deprived of his status.

Full guardianship is issued over incompetent persons who are recognized as such in the prescribed manner and require the guardianship of third parties.

Foster care is necessary for caring for children and the elderly. In this case, the citizen voluntarily assumes the responsibility to support the person and care for him. Such a right arises upon the mutual expression of the will of the parties.

To obtain this right you must meet the following conditions:

age 18-55 years for women and 18-60 years for men;
full legal capacity;
no criminal record under articles for intentionally causing harm to human life and health.

How to obtain guardianship over an elderly incapacitated person?

Before you begin to arrange guardianship for an elderly person, you need to calculate your strength. After completing all formalities, the citizen will have the right to carry out the following actions on behalf of the elderly citizen:

manage his pension, benefits;
pay for housing and communal services;
buy clothes, food, other goods;
carry out other actions on behalf of the ward.

Art. 41 of the Civil Code of the Russian Federation defines the rules for registering patronage for elderly persons:

the absence of mental disorders is necessary (if present, only full guardianship is established);
the consent of the assistant and his ward is required;
An employee of the social security agency who helps the elderly with housework is not appointed as an assistant or guardian;
Any person can be appointed as an assistant (relatives are often appointed);
it is necessary to conclude a mandate agreement, agency agreement, trust management of property or other civil law agreement;
if a disabled person does not have mental disorders, patronage is established over him.

Registration of guardianship of a child

It applies if the minor does not have parents or they do not fulfill their direct responsibilities. Most often, the need to establish guardianship arises when parents:

died;
abandoned the child;
deprived of parental rights;
children are not properly cared for;
declared incompetent.

The child’s place of residence plays a key role when obtaining guardianship over him. When a minor lives with a guardian who is his relative, an application is submitted at the citizen’s place of residence. If the ward lives separately, the application is submitted at his place of residence.

If close relatives can take custody of the child, government agencies will give them priority rights.

Sometimes it happens that a child is left without parents. In this case, in order to preserve family ties, his grandparents are allowed to obtain guardianship. The social service preliminarily assesses their level of income and the condition of their housing.

How to establish patronage over an incapacitated person?

The procedure for registering guardianship over elderly relatives who need patronage is established by regional legislation. Regardless of the region of the Russian Federation, general stages are distinguished:

an elderly person applies to the guardianship authority at the place of residence with an application to establish patronage over him, attaching a document on his state of health;
At the same time, an application is submitted from a person who agrees to be an assistant, and a draft agreement between him and the ward is attached.

The guardian must provide a package of documents:

certificates from tuberculosis, drug addiction, psychoneurological dispensaries;
characteristics from the place of work or study;
medical report on health status;
documents on the availability of living space in use or ownership.

Regional laws may impose additional requirements.

Note!

If, after reviewing the package of documents, the guardianship authority decides that there are no reasons to issue patronage, the applicant is provided with a written reasoned refusal.

If the issue is resolved positively, an order is issued, copies of which are given to the senior citizen and the assistant. After this, an agreement is concluded defining the rights and obligations of the parties.

What documents are needed to register guardianship?

It is necessary to provide the social service with:

a complete package of papers with a medical report on the health status of the future guardian;
confirmation of solvency;
confirmation of the availability of material amenities.

Where is guardianship formalized?

The candidate for guardianship submits a package of documents to the guardianship and trusteeship authorities. After studying the documents, the living conditions in which the ward will be located are checked within 7 days. The most important requirement for a child is the presence of a separate sleeping place, as well as a place for activities. A child with a disability must be provided with a separate room.

15 days are given to make a decision on establishing guardianship.

The candidate for guardianship receives a conclusion on permission or refusal of guardianship. If the social service refuses, its conclusion can be appealed to judicial procedure.

The resolution is provided:

to school;
hospital, clinic;
law enforcement agencies (if necessary);
while traveling.

Summary

Compared to adoption, guardianship is much easier. It does not lead to the loss of the biological parents' obligation to provide financially for the child and care for him.

The amount of benefits depends on various factors. A conditional subsidy is provided to provide for a minor, but the social service does not control the expenditure of funds.

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Children who, for any reason, are left without parental care, as well as adults in case of their incapacity, according to the laws Russian Federation, are subject to guardianship or trusteeship. In this way, the rights and interests of certain categories of citizens are protected. In the case of children, the state also takes care of their development, upbringing, and education. It is for these purposes that the appropriate...

Many of our citizens obtain guardianship over minor children. But few people know what rules of law this is regulated by.

Where should I contact? Who has the right to become a guardian? What documents need to be collected?

Let's consider all the questions in more detail.

Legislative regulation

The very definition of “guardianship” means a form of arrangement that can be established in relation to citizens of minor age or incompetent persons over 18 years of age with the assistance of the guardianship and trusteeship authorities.

This possibility is regulated Federal Law No. 48, in particular article No. 2.

In addition to this law, this issue is regulated by the following legislative acts:

In what cases is this procedure possible?

Guardianship of minor children can be established in cases where biological parents are absent or one of them is unable to fully comply with all rights and obligations towards their child.

More specifically, guardianship may occur if:

biological parents died or voluntarily abandoned the child;
parents were deprived of parental rights;
the parents were declared legally incompetent;
Parents, for various reasons, do not take full or partial care of their children.

In addition, according to the Family Code of the Russian Federation, guardianship can be installed over those children whose parents are under 16 years of age and are not officially married.

Guardianship itself can only be issued temporarily. If we talk in simple words, then this is the initial stage before possible adoption. If the guardians have a normal, trusting relationship with the child, they have the right to be allowed to adopt him in the future.

It is imperative to take into account the fact that guardianship can be established exclusively for minor citizens under the age of 14; if the child is in the age category from 14 to 18 years, guardianship must be formalized.

Who is eligible

The requirement for guardians is clearly regulated Decree of the Government of the Russian Federation No. 473.

According to this resolution, guardians can be citizens who:

have reached the age of majority;
are fully capable;
there is no criminal record that occurred due to harm to human health;
have positive personal qualities (do not abuse alcohol, do not use drugs, and so on);
directly expressed their desire to become guardians.

Age requirements

As mentioned above, guardians can only be citizens of adult age.

However maximum age still exists:

female category - no older than 55 years;
male category – no older than 60 years.

Financial situation

There are no clear frameworks on this issue as such.

But in parallel with this, the guardian is required to must:

have an official source of income (work officially);
confirm your income.

If the guardian does not have an official place of work, he must present a document that confirms the availability of income (for example, from renting an apartment, etc.).

The fact of having income will mean only one thing for the guardianship and trusteeship authorities: the future guardian has no malicious intent.

List of required documents

If we talk about the necessary package of documents to register guardianship, this list includes:

If we talk about autobiographies, then it is filled out in free form, and the future guardian indicates all his significant moments in life:

date of birth;
where did you study;
where did he work;
whether you have your own children or not;
there is an official marriage, if it broke up, then for what reason, and so on.

Characteristic directly for the child himself, exactly as for the future guardian, the following is drawn up:

in an official job as a guardian. If she is absent, this can be done by neighbors or close relatives;
for the child - representatives of the boarding school or the guardianship and trusteeship authorities themselves.

Registration procedure

Where to go

Dealing with the issue of guardianship registration territorial body of guardianship and trusteeship, which is located at the place of residence of the future guardian. It is to this authority that you should contact all necessary documents.

Carrying out verification

As everyone has already guessed, becoming a guardian is not so easy, but it is possible.

After the applicant for guardianship has submitted all the documents and written an application with the employees of the guardianship and trusteeship authorities, the latter initiate identity verification the future guardian and his living conditions.

Having passed the initial check, the next check will take place immediately after the establishment of guardianship.

The guardianship and trusteeship authorities again come to the guardian and analyze his living conditions:

Don't ignore any little thing. Even if the guardianship and trusteeship authorities see that there is no soap or any other hygiene products, they may refuse guardianship.

It is worth noting that such there may be several checks:

planned, which occurs on warning;
sudden.

Frequency of inspections carried out as follows:

after establishing the fact of guardianship, no more than once a month;
at least once a quarter.

It is worth noting that as soon as the guardian decided to change his place of residence and moved to another premises, the new living conditions are checked within 3 days from the date of the move and notification of the guardianship and trusteeship authorities.

After the verification of living conditions has been carried out until the establishment of guardianship, the future guardian an act is issued.

Child's opinion

If the child is 10 years old at the time of registration of guardianship for him, then, according to Article 57 of the Family Code of the Russian Federation, the guardianship and trusteeship authorities, after checking the living conditions, are interested in the child’s opinion - whether he agrees to have a guardian or not.

Decision making procedure

In the decision-making process, the guardianship and trusteeship authorities, in addition to the opinion of the child himself (if he is already 10 years old) take into account more:

moral qualities of the future guardian himself;
his financial situation;
living conditions of the guardian and the child.

Today, on average, it will take from 1 to 2 months. This period includes:

collection and submission of documents;
2-time check of living conditions;
10 days of communication between the child and the future guardian, including an analysis of their interaction;
drawing up a housing inspection report;
documentation of guardianship.

It is also necessary to remember one nuance. Once the future guardian receives permission to formalize guardianship, this document is valid for several years. In simple terms, within 2 years from the date of the decision by the guardianship council, you can provide documents and register guardianship.

Possible reasons for refusal

In fact, reasons to refuse there may be several things in guardianship, namely:

errors were made when drawing up the application or not the entire package of documents was submitted;
the applicant for guardianship has serious illnesses;
lack of official place of work;
unsatisfactory living conditions;
refusal of the child himself.

It is worth noting that these reasons are only the most common ones and in fact the reasons can be very diverse.

Nuances of the procedure

Over a child with living parents

Guardianship with living parents can be issued only in a few cases, namely:

parents are deprived of parental rights;
they cannot currently exercise and observe all the rights and obligations in relation to their minor child. In this case, we are talking about the possibility of obtaining temporary guardianship.

A disabled child

There are no specific requirements for registering guardianship.

The only thing you should pay attention to is:

the guardian will be obliged, as necessary, to organize the necessary medical examination and send the child to sanatorium-resort treatment;
if he has relatives, obtain consent for guardianship.

Grandmother

The main feature of registration by a grandmother is the fact that she should not be at the time of registration of guardianship over 55 years, otherwise registration will be almost impossible.

Who controls the implementation of guardianship and how?

According to the Federal Law “On Guardianship and Trusteeship”, control over the guardianship of a child occurs directly Guardianship and trusteeship authority.

They have the right to scheduled and unscheduled inspections of the child’s living conditions and the organization of his life.

If we talk about what included in this check, then almost everything:

what the child eats;
where he sleeps;
where does he bathe?
how he spends his free time;
whether he goes to any clubs or not, and so on.

If it is possible to find out that any of the child’s rights are being violated, then guardianship is immediately terminated.

Moreover, all funds received for guardianship must be spent exclusively on the child and on organizing his life. From time to time, guardianship and trusteeship authorities may require a report on where exactly the funds were spent.

What guardianship is and who has the right to formalize it is described in the following video:

The function of guardianship is caring for a person who, due to current circumstances, needs care and protection of his rights. More often, guardianship is assigned to children under the age of 14, citizens who are completely or partially incompetent. Any person who meets certain requirements and is between the ages of 18 and 80 can act as a guardian. In this case, each case is considered individually, taking into account all the nuances. Children's relatives or those who have established a trusting relationship with the child most often apply for guardianship of minors. Also, in some cases, the child’s consent to live together with a specific person is required.

The list of legal requirements is listed in legislative acts:

Constitution of the Russian Federation;
Federal Law No. 48 and No. 120, regulating the observance of civil rights of minor Russian citizens;
Family, Civil Procedure and Civil Code of the Russian Federation.

The applicant must write an application to the guardianship authorities whose interests he intends to represent.

Documents needed to formalize guardianship:

Russian passport in original and its copy;
Autobiography, including the main milestones in the life of the future guardian;
Extract in original from;
Characteristics of the applicant given in his place official work.

Certificates are also required:

no criminal record;
About official employment, income (average salary for the last calendar year);
On normal living conditions (issued by the guardianship authority);
About the state of health;
ABOUT marital status(married or not, reasons for divorce).

Attention! The list includes the consent of a child over 10 years of age or an adult incapacitated citizen to have a specific person become a guardian.

Registration of guardianship over a pensioner, what documents to prepare

Guardianship of an elderly person is formalized in the form of full guardianship or patronage. Full guardianship is documented after the citizen is declared incompetent by the court. Guardianship is often arranged by relatives. Parental care is not paid for by the state.

Important! Proper care with representation of the interests of a senior citizen is especially necessary after the age of 80. At this age, a person is not able to take care of himself, so he is looking for a caregiver. A capable pensioner must officially agree with the candidacy of a guardian.

To register guardianship, you must submit the following documents:

Candidate's handwritten document;
Passports with copies of both sides;
A copy and original of the future guardian’s work book;
Certificates: medical information about the health status of the guardian and pensioner, about no criminal record;
You must present a reference from your last place of official work;
Certificate of the guardian's marital status (marriage, divorce, children, husband/wife);
Documents confirming the availability of own housing for both parties;
Official consent of the ward to guardianship or patronage.

Attention! It is advisable to think carefully and weigh your options before making an important decision. A person who refuses or is removed from guardianship by government agencies will never be able to obtain guardianship again.

Guardianship of a child is only temporary, as a preparatory step for adoption. After 14 years of age, guardianship is established over children. There are many nuances that should be taken into account when preparing a package of documents. The main reasons when a minor is placed under guardianship:

Orphanhood, in which the biological parents are dead;
The inability of one or both parents to constantly look after the child (long business trips, shift earnings, studying separately from the family);
The mother and father were declared incompetent by the court at the same time or were deprived of parental rights;
The parents themselves have not yet reached the age of majority (16 years old) and have not formalized their marriage.

Sometimes parents who are currently unable to look after their child agree to voluntary guardianship. In this case, they entrust their baby to a guardian without infringing on their own rights. At the same time, the period for which guardianship is established is specified.
The following requirements apply to candidates for guardianship:

Age over 18 years;
Limit by year: women – no older than 55 years, men’s age limit – 60 years;
The ability to control your actions and be fully capable;
No criminal record;
Good health;
No bad habits;
Desire to become a caregiver.

Attention! The candidate for guardianship must be provided with a regular income from official source, which indicates a lack of self-interest from guardianship.

What documents need to be provided:

Copy and original identity card (passport) of the guardian;
A handwritten application for guardianship;
Consent of the child, if his age is over 10 years;
Certificate of official place of work and earnings for the last year;
An extract from the house register confirming the availability of housing;
A detailed autobiography indicating marital status, presence of children or elderly parents living with the candidate;
Characteristics of the child (issued by the administration of the children's institution or the guardianship council) and the guardian (from the official place of work or from neighbors).

It takes at least 2 months to obtain guardianship of a child. During this time, the guardianship authorities fully check the identity of the candidate, his living and material conditions. The first visit is made to the candidate's home one week after submitting the application.

What is included in documents for guardianship of an incapacitated person?

An elderly person can only be declared incompetent by a court under the following circumstances:

The presence of a mental illness, as a result of which a person cannot control his actions, cannot organize the protection of his interests;
Disease of alcoholism, gambling, drug addiction, which leads to disastrous material condition the entire family of the addict;
An old person is not able to take care of himself and defend his rights.

Attention! After confirmation of the status of an incapacitated citizen, a guardian is appointed within 1 month.

The court, having considered the case, may recognize that the best solution is to place the incapacitated person in a mental hospital, where special professional care will be provided for him.

To obtain guardianship, you must provide the following package of documents:

the candidate’s desire to take care of a specific person;
Passport, other document proving the identity of the applicant;
from the last place of work, confirming the income received during the last calendar year;
A document from the place of official work indicating the position held;
A certificate of the results of a medical examination of the health of the candidate for guardianship;
Document on marital status, presence of children, parents. Written confirmation that the relatives living with the guardian agree to the registration of guardianship over the incapacitated person;
An autobiography that describes all the important events in the life of the applicant for guardianship.

To ensure full guardianship for a group 1 disabled person, you should take special free courses at the guardianship council. After all, such people, who are mostly bedridden or use a wheelchair, require special care.