In the article, we will consider such concepts as a guardian and trustee. What is the difference between the two?
Both of these categories are legally assigned with their consent. The appointment is drawn up by an act that is drawn up by the guardianship authorities, or by agreement. The duties of guardians may differ slightly from those of a trustee.
What is the difference?
What is a guardian and trustee, what is the difference?
Guardianship can be prescribed to children under fourteen years of age and adults, and at the same time to patients with mental disorders. The guardian of the baby contains him on funds that are allocated by the state in the event that the child is an orphan. Children whose parents are deprived of the appropriate rights to their upbringing receive additional alimony, which is spent on their maintenance.
The difference between the guardian and the guardian of the child is significant.
For children who are disabled, the state also allocates funds for maintenance, pensions are paid. All benefits are transferred to the account of the guardian, who undertakes to spend them exclusively on the upbringing, treatment, development and education of the child taken under guardianship. Guardians may dispose of property only with the permission of the relevant authorities. The duty in this case is the preservation of property of the ward.
What is the difference between a guardian and a trustee, many are interested.
Guardians must keep an adult ward on a pension remunerated by disability, and the benefits provided by the state for such cases. The guardian acts as the legal representative in all instances, including the courts. All required transactions by the guardian are made exclusively in the interests of the wards.
What is the difference - a guardian, trustee? Guardianship is prescribed to adolescents who are between the ages of fourteen and eighteen, as well as those adults who are partially considered legally capable (alcoholics and drug addicts). The activities of the trustees is to control the actions of their wards, their money and property. Such a person provides consent to the execution of small transactions in the event that they do not contradict the interests of an adult under guardianship or a child. He also has the right to protect all the interests of his ward where it may be needed, but with him, and not for him.
For example, caregivers can monitor the behavior of a teenager, track how and where they spend the scholarship. They can see the teenager in the event that he was detained on suspicion of any crime, act as a defense, get acquainted with legal matters, and so on, that is, provide him with assistance, protecting his interests. A guardian can be appointed and capable person who is in his right mind, but is paralyzed or does not move well. In this case, any actions are performed by proxy of the guardian.
It is now clear what the guardian and trustee mean. What is the difference between the two is also understandable.
Assistance to guardians and trustees
In accordance with the law, the work of guardians and trustees is not paid in any way, but such persons can enjoy some compensation and benefits. However, in certain situations and in the interests of children, guardianship authorities may conclude an agreement on the payment of a certain allowance. Funds for it can be allocated from income from the ward’s property, aid fund, or from the regional budget. The size of payments is established by the Government of the Russian Federation. In what situations and how to pay money, local authorities decide directly.
Sometimes, at the request of the guardians, the guardianship authorities are allowed to use the property of the ward for personal interests. At the same time, a contract is concluded without fail, which indicates what the guardian can dispose of, for what period and on what conditions.
Is housing provided?
Apartments for guardians, as well as for trustees, are not provided. Both of these legal categories must live with their wards on personal housing. But when such a person lives far from the place where the child is, or the room does not meet the necessary requirements, then on a contractual basis, for the period of fulfillment of duties, a caring citizen can use the living space of his ward. This is especially often practiced when relatives take the child under their care.
It turns out that the difference between a guardian and a trustee is only in relations with a foster child. When the child is small, the guardian does everything directly for him. And when the baby grows up, everything is done together. For the rest, for both statuses we are talking about daily work to help people who are helpless in front of life realities and need some protection.
Guardians and Trustees: Responsibilities
Both of these legal categories are required to do the following:
- Take care of the maintenance of their wards (that is, regularly provide them with food with clothes and the like).
- Provide care and necessary treatment.
- To educate the baby. In addition, it is important to take care of his mental and moral development, the health of the child and his physical development.
- Provide basic general education. Guardians, as well as trustees, have the right to choose the educational structure and form of education, taking into account the views of the child.
- Providing the opportunity to communicate with relatives. And at the same time - regulation of the order of communication.
- Representation and protection of the rights and interests of the ward.
These are actual actions that, according to the law, are undertaken by trustees with guardians of minors. Legal actions should be directed solely at protecting the rights of persons who are elected under guardianship.
What do the concepts of a guardian and trustee mean in Belarus? What is the difference between them in Belarus?
Here, local executive and administrative bodies are involved in guardianship and trusteeship. In accordance with the Civil Code of the Republic of Belarus, guardianship is established for minors from fourteen to eighteen years of age, as well as for persons limited by the court in legal capacity (who use alcohol and drugs). Guardianship is established over minors, as well as over persons whom the court recognized as incompetent due to a mental disorder (mental illness or dementia).
Basic rights
Guardians with trustees undertake to protect the interests of the persons they care about, therefore, they have the following rights:
- Write statements about the payment of benefits due.
- Submission of claims to the court to recover alimony from citizens, which are required by law to contain the ward.
- Taking measures to protect the property rights of protected persons (filing claims for the recovery of property from illegal possession of others, recognition of property rights, etc.).
- Guardians and trustees are obliged to take care of the property they receive as their own, avoiding the reduction of its value and to facilitate the extraction of any income from it.
- Submission of claims for compensation for damage that was caused to the health of the protected person or his property and compensation for moral damage.
- Contact educational, medical, and other institutions in order to receive wards educational, medical and other services, both free of charge and for a fee.
- Protection of the ward's housing rights by filing lawsuits for the eviction of persons who should not live in a particular residential building.
- Submission of an application for receipt for a person under guardianship, residential premises, etc.
- Appeal to organizations, state authorities and officials in situations of violation of the rights of the protected person or in case of threat of such violation.
Next, we will examine the status of the guardian and trustee of a disabled person, what is the difference between them.
Who is recognized as a guardian of a disabled person?
Guardianship of a disabled person is a form of protection for a citizen, which due to certain physical or mental deviations requires outside care. Depending on the presence of a mental illness, custody is prescribed in the following two forms:
- Providing full custody. This is established exclusively through the trial of a mentally ill person.
- The possibility of patronage is established by the guardianship authorities for persons with disabilities who do not have a mental disorder.
Over the elderly
In some situations, custody of a person over eighty years old is singled out as a separate category. This group of citizens is especially vulnerable due to their age. In addition, the elderly need protection and care due to illness. The Civil Code of the Russian Federation prescribes two options: direct custody and patronage. The caregiver may take custody or guardianship with the guardianship authorities and receive payment from the social insurance fund.
Now find out who has the right to take care of the child.
Difference Between Guardian and Caregiver
In the case of voluntary consent, it is the parents who have the right to determine the identity of the alleged guardian, whom they fully trust. If the consent of the blood relatives is not required due to the deprivation of their rights, then even a person from outside can act as a legal guardian. True, in such a case priority is always given to blood relatives, namely grandfathers, grandparents, aunts or uncles.
In any case, the guardian for the child must be competent, and at the same time - an adult citizen. This person should not have precedents for the deprivation of parental rights. Such a person cannot take part in criminal proceedings or have any criminal record. The rights to guardianship are completely absent from drug addicts, disabled people of the first group and alcoholics. A guardian can only be someone who has taken special preparatory courses.
Conclusion
In the event that the guardians or guardians discover improper fulfillment of their obligations to care for the ward, the guardianship authorities are obliged to draw up an act on this fact, and then submit claims for damages that have been caused.
We examined the concepts of a guardian and trustee, what is the difference between these concepts.