At present, the situation in the country is such that many citizens who have reached retirement age still continue to work. However, not all pensioners have the opportunity to work. Not every person over 70 can boast excellent health.
Of course, many pensioners are able to serve themselves, buy food, medicine, and independently visit medical facilities. However, there are many elderly people who cannot do without the help of outsiders. As a rule, such citizens are more than 80 years old. Guardianship over an elderly person may be the only way out in such situations. Let us further consider the features of its design.
Types of assistance to pensioners
The legislation provides for two options for caring for an elderly citizen: patronage or guardianship of an elderly person for 80 years or more.
The first option is used when the pensioner does not have any mental disorders and deviations, however, due to physiological reasons, he cannot serve himself independently. In such cases, a special contract is drawn up. It stipulates the obligations and rights of entities, the conditions for providing assistance, the grounds for terminating the contract. The execution of the agreement is governed by the general rules of civil law on bilateral transactions.
The second option is used in cases where a pensioner, due to a mental disorder, cannot take care of himself. In such situations, a person’s legal incapacity is generally recognized in court. As a rule, this condition occurs in people over 80 years old. Guardianship of senior citizens at this age requires a lot of time and effort. The fact is that care must be provided almost around the clock. Not every person can take on such a responsibility.
Who can become a guardian?
For registration of guardianship over an elderly person, it is necessary to comply with a number of requirements. They are fixed in the current legislation. Therefore, before issuing guardianship over an elderly person 80 years or older, it is necessary to study the rules governing this issue.
It is worth saying that the guardian can be a close relative of a pensioner or a person who has nothing to do with the needy. Moreover, if there are several applicants, the choice is usually made in favor of the closest person.
The territorial department of the guardianship authority is obliged to keep records of both persons in need of care and candidates for assistants. Authorized employees must notify the relatives of a person declared legally incompetent, post information in the official media, or otherwise make information public.
Within three days from the date of entry into force of the decision to declare the subject legally incompetent, the territorial department of the guardianship body becomes aware of this. After receiving a copy of the decision, information about the needy is made public, the selection of a candidate to assist him begins. The identity of each applicant is carefully verified.
Candidate Requirements
Guardianship over an elderly person may be carried out by a citizen:
- Has come of age.
- Not having mental illnesses, not suffering from drug addiction, alcoholism, substance abuse.
- Being fully competent. In respect of him, there should be no court decisions that have entered into force declaring him partially or completely incompetent.
- Not convicted of crimes against the person. It is, in particular, about the murder, harm to health, sexual assault, kidnapping, etc. It is worth noting that a criminal record for evading the obligation to pay child support can also become the basis for refusing the candidate.
In addition, the moral qualities of the person are taken into account. For example, a subject may be denied if numerous administrative violations are identified. If, for example, a candidate was held liable for petty hooliganism, drinking alcohol in public places, etc., the guardianship authority has the right to refuse him guardianship over an elderly person.
An unconditional basis for a negative decision is the termination of custody due to violations by the guardian.
Of no less importance are the physical capabilities of the candidate. If the applicant has severe pathologies, he needs treatment, a sparing regimen or needs care himself, he is hardly capable of custody of an elderly person. In such situations, the authorized body may justifiably refuse the candidate.
Nuances
In each case, if circumstances allow, the guardianship authority may take into account the opinion of the most needy. A positive decision on the appointment of a citizen as a guardian can be made if a friendly relationship has been established between him and the elderly person. Conflicts, hostility, of course, can negatively affect the condition of a person in need of care.
Legislation allows custody of an elderly person by several persons. For example, these may be spouses who are comfortable taking care of a pensioner in shifts. However, one citizen may become a guardian for only one elderly person.
What will happen to the needy person in the absence of candidates for guardians?
Unfortunately, there are many such situations in practice. If the pensioner has no relatives or if they do not want to provide care, the state takes it under its protection.
Specialized institutions have been created in the country, in which there are people who were left without the support of loved ones - the nursing home. If an elderly person is in such an institution, guardianship over him is not issued.
In nursing homes, citizens receive the necessary care and care. For many older people, being in such institutions becomes a real escape from loneliness. People do not feel abandoned there.
How to arrange guardianship over an elderly person?
First of all, you need to contact the territorial office of the guardianship authority at the place of residence of a needy citizen. It indicates information about the person who wants to care, information about the pensioner himself, the degree of relationship (if any), age.
It is worth saying that documents for guardianship of an elderly person of 80 years or more can be submitted to the MFC. A multifunctional center is also selected at the place of residence of the needy person. However, most often candidates turn to the guardianship authority. This is due to the fact that authorized employees of this structure can give detailed advice on the collection of documents for guardianship of an elderly person of 80 years (or a different age), answer any questions of interest related to the registration procedure.
Attachments to the application
When applying to the MFC or the guardianship authority, the applicant provides a certificate from the place of employment. This document indicates the experience, position, average salary for the last year.
If the applicant does not officially work, it is necessary to present a document confirming the income. If the candidate is registered with the employment service, a certificate from this body is provided indicating the unemployment benefits accrued over the past 12 months.
If a pensioner wants to take custody of an elderly person of 80 years or more, he shall present a pension certificate. At the same time, a request will be made to the territorial unit of the FIU for accruals received by a citizen over the past year.
Regardless of his age, the potential guardian provides a medical opinion about the state of health. It is issued at a competent health facility. In conclusion, the results of examinations by the following specialists should be indicated:
- TB specialist.
- Therapist.
- Infectionist.
- Psychiatrist.
- Expert in narcology.
The list of these doctors is not random. The medical board must establish the absence / presence of diseases included in the list of unacceptable for the execution of guardianship.
For example, if a candidate is diagnosed with tuberculosis, a mental disorder, cancer, a disability of 1 gram is established, he cannot care for another citizen. It must be remembered that a medical certificate has a statute of limitations. It really is only three months old. If, after this period, the citizen does not apply for guardianship, the conclusion will need to be obtained again.
If the candidate is married, he must provide a copy of the certificate.
If the candidate wants to move the pensioner to his home, then the consent of all persons living with him, including children who have reached the age of 10, is necessary. It is worth noting that until 2012 the applicant had to provide a certificate of conformity of his living space with the current sanitary standards. This document is currently not required. However, the applicant will have to produce a copy of the title paper for housing. This can be a certificate of ownership, a lease or a contract of employment.
By agreement with the guardianship authority, the residence of the guardian and the guardian at the last address of the residence is allowed.
A mandatory document for the applicant is an autobiography with information about his preparation for communication with those in need. The latter are included in the document if the applicant has passed the relevant courses (if they are in the territory of residence).
Among the mandatory documents for guardianship of an elderly person included a certificate of criminal record. It is issued by the regional information center of the ATC.
It is worth noting that you can not force anyone to take custody of an elderly person (older than 80 years or younger than this age). The applicant must make a decision voluntarily, being aware of possible difficulties and responsibilities.
Actions of the guardianship authority
As a rule, within 15 days from the date of receipt of the application, the authorized structure checks the submitted documents. According to its results, the guardianship authority makes a decision. If it is positive, an act is drawn up on the appointment of a citizen as a guardian. If negative, respectively, the candidate is denied. In this case, the guardianship authority must provide arguments for making such a decision.
Legislation provides for the possibility of an applicant to appeal a refusal. For this, a lawsuit is filed in court. At the same time, he needs to provide evidence of honesty of intentions to provide assistance to the needy person.
I must say that in practice cases of contesting failures are quite rare. Most often, disputes arise in connection with the dissatisfaction of some relatives with the appointment of other family members as guardians.
It must be understood that from the date of guardianship, the entity caring for a pensioner does not automatically become an heir.
Duties and rights of guardians
An entity caring for a needy citizen has the right to be a representative of the latter in various institutions, including state ones. Moreover, he must act exclusively in the interests of the guardian.
In the act of appointment (if care is free) or in the contract (if the guardian receives remuneration), a ban on the commission of any actions that infringe the rights of a needy citizen may be established. For example, the ability to dispose of the property of the guardian, the spending of benefits that are paid to him, etc., may be limited. In some cases, a ban is placed on changing the place of residence of the person being cared for.
It is the guardian's responsibility to provide periodic reports on the expenditure of funds and the condition of the elderly person’s property. As a rule, they are served once a year.
Retribution and gratuitousness
As a general rule, custody of a pensioner is free of charge. However, if the authorized body considers it necessary, a contract may be concluded with a citizen who has expressed a desire to provide care. Of course, this should be done in the interests of the ward.
Funds for the guardian's remuneration may be allocated from the income of an elderly person. However, their size cannot exceed 5% of the sum of all revenues. In addition, funds can be allocated from the federal budget. As a rule, a fixed amount is set, which is periodically indexed.
The guardianship authority may also allow the caregiver to use the ward's vehicle instead of paying him remuneration.
The control
The activities of the guardianship authority are aimed at ensuring the observance of the interests of persons in need of care. Federal legislation defines the main areas of work of this structure. The guardianship authority shall:
- Carry out quality control of care for the legally incompetent.
- Check the pensioner's place of residence for compliance with sanitary and epidemiological standards.
- To control the provision of guardianship with food and medicine.
The first check is carried out one month after the approval of the guardian, the next - every 3 months. From the beginning of the second year of guardianship, control is carried out once a year.