Legislation on marriage and the family provides for the possibility of third-party support for citizens who are not able to independently protect their interests. In particular, the practice of guardianship is regulated by legal standards, in accordance with which third parties can perform the functions of guardianship. In most cases, this applies to minor children without parents. A guardian comes to the aid of small citizens - a person who, to a certain extent, assumes the responsibilities of a parent. The law governs the rules by which a guardian can be appointed, and his rights and obligations are approved.
Who is the trustee?
The functions of a guardian can be performed by a person who complies with the requirements of legal norms in the field of guardianship. Moreover, he may have different tasks. As a rule, the main range of functions that a person performs in such a status includes upbringing and protection of interests in general, which the direct parent cannot provide for various reasons. The trustee has the right to transfer his duties to other people, since his functions are personal. The most common application of this practice is the appointment of a person as a guardian who decides to take care of a child without parents. In this case, the functions are consistent with the guardianship authorities, after which the person is appointed as a trustee.
In respect of whom may guardianship be established?
Most often, the practice of guardianship is applied to children who have lost their parents. But it is important to consider two points. Firstly, guardianship is established only over citizens under the age of 15. Secondly, the appointment of a person as a guardian is also possible during the lifetime of the parents of a minor. For example, this is allowed if there has been a deprivation of parental rights, as well as in the case of incapacity of the father and mother. In addition , a guardian and trustee may be appointed for adults. In this case, we are talking about people who are not able to take care of themselves and protect their rights. This example shows that the trustee cannot be considered as a replacement for parents. Such persons can carry out only part of their functions in terms of care, care and various assistance in the domestic sphere.
Trustee Responsibilities
The primary responsibility of the guardian is to ensure proper upbringing. This applies primarily to guardianship of children. The family of a person who has taken on such responsibilities must create acceptable living conditions. In addition, the guardian must control his ward so that he strives for cultural leisure activities and reasonably spends his money. The responsibilities of the trustee also include the timely treatment of the child taken into custody, and, if necessary, the protection of his interests in the judiciary.
According to the rules, the guardian must provide co-residence with the ward. It is not necessary that the place of residence will be exactly the apartment or the house of the minor. Cases when guardians relocate children to their home are common. True, by way of exception, supervisory authorities can give permission for separate accommodation. But in this context, it is important to remember that the trustee is a person who should not only engage in upbringing, but also create favorable living conditions. Therefore, separate accommodation is allowed if the ward is already 16 years old, and he is adapted to independent life.
Are there any material obligations?
Trustees do not have obligations regarding the material maintenance of persons who are under their care. All cash expenditures that they incur in the process of maintenance must be reimbursed from the funds of the ward. In particular, pensions, scholarships, alimony, etc. can be used for this. If sources of receipt of material resources are not available, then the guardianship authorities prescribe special maintenance allowances. This example shows that the trustee is not a parent, but a person who can manage the money of the guardian. Of course, all expenses should be solely for the maintenance of the ward - for example, this may be the purchase of clothing, products. Moreover, the trustee must annually report to the guardianship authorities on how he spends the money. In the report, for example, commodity checks, receipts of payment and other documents confirming the expenses for the intended purpose should be noted.
Trustee Rights
In addition to obligations, civil law gives trustees quite extensive rights, which, however, also relate to their immediate functions. For example, the guardian may, at his discretion, give the ward to the appropriate institutions for education and training. It can be kindergartens, gymnasiums and schools. Also, the rights of the trustee make it possible to demand the return of the guardian from the person who holds him without legal grounds. If we talk about protecting the rights of the ward himself, then they are expressed precisely in the termination of contracts that infringe on his interests.
For example, if the ward independently entered into a contract that is contrary to his rights, then the trustee may terminate the transaction. In this regard, it should be borne in mind that the guardian is the legal representative of his ward and can perform legal operations on his behalf. But here, two aspects should be understood. Firstly, the guardian can make such transactions solely in the interests of the ward. Secondly, all actions of this kind should not be carried out instead of, but along with the ward.
Appointment of Trustee
It should begin with the fact that, according to the law, citizens and relevant organizations are obliged to inform the guardianship authorities about cases when people are deprived of proper guardianship. For example, when a child’s parents die. After this, a survey of the living conditions of the person is carried out and a decision on his relocation to a boarding school, boarding school or orphanage is approved. At the same stage, the assignment of custody obligations to third parties is allowed. That is, until the future fate of the child is definitely decided, guardians are engaged in upbringing and care. Trustees of children are not appointed in those cases where the boarding school, for example, can fully provide education.
Who can become a trustee?
According to the requirements for guardianship, the functions of a trustee can be performed only by adults and capable citizens. At the same time, the list of restrictions of a different kind is quite wide. Since the trustee is a person who is engaged in raising children, people with a criminal record, as well as those who have chronic diseases of drug addiction or alcoholism, are not allowed to engage in such activities. Also, guardianship authorities do not consider applicants for the duties of a trustee who have previously been suspended from such activities or deprived of parental rights.
Property custody
Although most instances of the use of the institution of guardianship relate to guardianship of minors and legally incompetent people, the law also regulates another area, which provides for the protection of property. True, in this case, the guardian and trustee also fulfill the duties associated with the education and care of a needy person. Ensuring the safety of his property is already a secondary function. But this does not in any way mitigate the requirements for the proper performance of duties of this nature. So, if the guardianship authorities find out the improper performance of tasks to protect the ward’s property or the inappropriate disposal of his material assets, then it is possible to draw up acts on compensation for losses incurred.
Conclusion
Despite the strict procedure for establishing guardianship, there are factors that are not always adequately taken into account by the relevant authorities. The fact is that the guardian of a minor, in addition to all the indicated requirements, must also have moral qualities that can be difficult to determine. Work with children, which involves upbringing and care, completely eliminates the immoral behavior of the guardian. Unfortunately, it is not always possible to identify such signs at the stage of approval of the guardian. For this reason, legislation in this area seeks to attract the participation of more outsiders who can make a serious contribution to identifying dysfunctional families.