The article will present the authority of the guardianship authority. They are called the executive authorities of the constituent entity of the Russian Federation, which fulfill their duties in strict accordance with legal regulations.
Features of the activity
The state powers of the guardianship authority include activities related to the provision of assistance to wards or trustees in obtaining social services and medical assistance. Among the areas of work there is preparation and selection of citizens who have expressed their desire to become trustees (guardians) or to take in a family of children who are left without parental care.
Cooperation
The authority of the guardianship authority includes interaction with other executive bodies of the constituent entities of the Russian Federation: local government, medical institutions, and educational organizations. Also, this department collaborates with other organizations whose activities are related to orphans and children who were left without parental care under the laws of the Russian Federation.
Main goals
The authority of the guardianship authority includes the following tasks:
- protection of the legitimate interests and rights of citizens who need to establish guardianship or guardianship over them;
- protecting the interests of people who are under guardianship or trusteeship;
- supervision of the functioning of trustees and guardians, organizations in which partially or completely incompetent citizens are
Representatives of guardianship also monitor the safety of property and property management of those citizens who are under guardianship or guardianship or placed under the supervision of medical, educational organizations, including other organizations intended for orphans, as well as children who are left without parental care.
Opportunities
The authority of the guardianship authority includes the search and registration of citizens who need custody or guardianship. Representatives of this body apply to the court to declare a citizen legally incompetent, or to declare a person legally incapable, if the grounds on which the decision was initially made on complete (partial) disability were dropped.
The powers of officials of guardianship and trusteeship bodies include the establishment of guardianship or trusteeship, as well as the release (removal) in accordance with the Federal Law of trustees and guardians from the performance of their duties.
Representatives of this department issue, in accordance with the Federal Law of the Russian Federation, permits for transactions with the wards' real estate, and also represent the interests of the wards in the courts if violations have been identified in the actions of the guardians (trustees).
The authority of the guardianship authority of the Russian Federation includes the issuance of permits for separate residence of trustees and their wards who have not reached the age of majority in the Civil Code of the Russian Federation.
Guardianship officers assist trustees and guardians, and carry out periodic inspections of their observance of the interests and legal rights of the wards. They control the living conditions of minor children, the compliance with sanitary standards.
When is trusteeship and guardianship established?
The Family Code of the Russian Federation lists the most common reasons why children lose parental care:
- deprivation of parental rights;
- death;
- recognition of incompetence;
- prolonged absence;
- disease;
- evasion of parental duties, including refusal to take a child from medical, educational institutions.
Guardianship and guardianship of children may be removed from the family for objective and subjective reasons.
The first group includes death or severe illness of parents, disability, deprivation of parental rights. All these factors lead to the inability of adults to represent the legitimate interests of children, so the child is removed from the family.
The work of the guardianship and guardianship bodies is carried out also in those situations when the parents are isolated (convicted, undergo compulsory medical treatment) or do not want to fulfill their parental duty.
Maximum indifference is characterized by the refusal of parents to take the child out of the hospital or medical facility. After the official refusal, the minor is considered a category of children who have completely lost parental care.
Special situations
Regardless of the reasons that prompted parents to take such actions, guardianship and trusteeship agencies are required to take measures to protect the interests and rights of children. In the event of the death of the parents, this fact is confirmed by the official death certificate. The beginning of the loss of parental care is the day the death occurs. If the parents are deprived of their legal rights, in this case, the starting point is the day when the court decision entered into force. When custody of the parents of a minor, it is from the moment of detention that the authority for guardianship and trusteeship appears. In such situations, authorities carry out the care of children, their health and safety.
In dysfunctional families, the work of state structures is carried out in situations where alarm signals come from neighbors. After their verification, an inspection report is drawn up, conclusions are drawn about the presence (absence) of the fact of loss of parental care.
The act of appointing a guardian or guardian for a minor child shall indicate the term of office.
When does guardianship and custody cease?
There are several reasons for the early termination of the contract. Guardianship is automatically terminated when a minor reaches the age of 14, passing into guardianship. At the age of 18, the child is recognized to be fully competent, receives all civil rights and obligations, the possibility of self-defense in court, if necessary. It is from this age that the guardianship that was established over the child ceases.
If an adult has a mental illness and is declared legally incapable by a court decision, the guardianship authorities have the right to appoint a guardian.
Upon recognition of the legal capacity of an adult, custody is removed.
The release of trustees or a guardian from the performance of his direct duties is also possible at their personal request.
For example, in case of deterioration of health, financial situation, lack of psychological contact with the ward, the duties of the trustee (guardian) are transferred to another person or the administration of a state institution.
Misconduct
The domestic legislation provides for the possibility of withdrawing guardianship and trusteeship if they improperly perform their direct duties. In order to avoid such situations, trustees and guardians annually submit detailed reports on activities to the guardianship authorities.
If there are complaints from the ward or other persons, the guardianship authority must consider them. If you identify intent in the actions of the guardian or trustee, abuse of his position, a decision is made to remove the duties of the guardian (trustee).
Conclusion
Summing up, we note that the establishment of guardianship and guardianship, the selection of the form of the device of persons who need support and guardianship, is the responsibility of the executive authority.
Thanks to the institution of guardianship and trusteeship, the state protects both the personal and property rights of citizens who are not able to do this on their own. Also, these services help arrange children in the family for parenting. Norms that are aimed at achieving full-fledged child care are included in the Civil Code of the Russian Federation. The norms related to the provision of education for minors are fixed in the Family Code of the Russian Federation.
In the form of social support, guardianship and trusteeship are a universal form of temporary individual device. It contributes to the following factors:
- regulation of norms of various industry affiliations;
- execution by the trustee (guardian) of actual and legal actions in the interests of the guardian;
- guardianship or trusteeship is carried out with the financial support of the state
The basis for establishing guardianship (custody) of minors is the fact of the death of parents or their loss of parental rights. In some cases, parents themselves turn to guardianship authorities to establish guardianship over their children. For example, the reason is a compelled long business trip to which you cannot take a child.