Today will be considered, then such guardianship over an incapacitated person. The rights and obligations of both the guardian and the guardians will also need to be understood. After all, only then will it become clear what is at stake, why this is necessary, how to bring the task to life. It should be noted that not everyone is given the opportunity to be guardians. Specific requirements are put forward for these persons. And if they do not comply, then the guardianship will not work. However, the mentioned feature is a common form of care for disabled persons in Russia. Therefore, every citizen should know about guardianship to the maximum. In some cases, such concern for a person is beneficial. And not only moral, but also material.
Guardianship is ...
The first step is to understand what the term is being studied. What is guardianship?
This term describes the form of care and protection of the interests of citizens without care. Usually this concept in Russia is used either in relation to minors under 14 years old, or in relation to elderly people. But also the citizens who were recognized incompetent by the court, guardianship also applies. Above them, it is installed in a certain order.
Now it’s clear what custody of an incapable person is. The rights and obligations of guardians will be clarified later. First you need to know all the nuances of designing this type of care for a citizen.
Who can be a guardian
For example, it is worth remembering that not everyone has the right to act as guardians. Some individuals are not allowed to guardianship over a legally incompetent person. Who belongs to this category?
At the moment, in Russia, people have the right to care for a legally incompetent person:
- All law-abiding adult citizens
- partially capable persons (from 16 years old) with permission from legal representatives;
- relatives of a legally incompetent person (most often found in practice);
- guardianship authorities.
Accordingly, all the previously listed categories of people are potential guardians. As a rule, it is relatives who take responsibility for caring for the elderly, disabled or incapacitated. This is the most common practice. What else is fraught with guardianship over the legally incompetent? The rights and obligations of guardians, the requirements for them, as well as the features of the paperwork process will be presented below. In fact, everything is not so difficult to understand. And if you prepare for the design in advance, then there will be no problems.
No guardian rights
Who has the right to act as legal representatives of the legally incompetent is already clear. And who specifically does not have such a right? It is also important to know about this. It is likely that the potential guardian will not be able to draw up documents to care for the needy!
The persons who will not be given guardianship over an incapacitated person include:
- people with a criminal record;
- prisoners;
- insolvent (needy) citizens;
- minors / minors;
- people whose parental rights were once taken away;
- social services;
- bodies helping the citizen with the household.
Thus, we can conclude that in most cases it is possible to take custody of a person. It is enough, as already mentioned, to properly prepare for the process. What else does guardianship over an incompetent person lie in? Rights and obligations, all the nuances of caring for a needy person, the procedure for the appointment and termination of guardianship - all this remains to be known. In reality, everything is not as difficult as it seems.
Several types of custody
Speaking of incapacitated persons, two forms of custody can be distinguished. As a rule, they apply to adults. After all, full custody is established over children. And it is not discussed. What features does guardianship over an incapable person have, rights and obligations, what are the documents for registration as a guardian? This is often determined by the type of form of care for a person.
Over a legally incompetent adult you can establish:
These concepts are seriously different from each other. Therefore, it is important to consider what form of care to choose. Full custody is a huge responsibility. But patronage imposes on the citizen not such serious responsibilities. Therefore, as practice shows, some agree precisely on the second scenario.
About patronage
Patronage is a form of care for a legally incompetent adult. A kind of custody. Only, unlike the full form of this responsibility, does it provide the guardian with significantly less rights and obligations. What is required to pay attention in the first place, if a person is thinking about patronage?
The fact that this type of guardianship may concern only persons who, due to their physical capabilities, are not able to exercise their rights. That is, over an adequate citizen. For example, an old man or a disabled person. Or over those who are recognized legally incompetent due to illness. It is important that the disease is not associated with mental health.
In fact, with patronage, the guardian should simply take care of the citizen. The guardian himself concludes transactions, he himself participates in some processes, and the person protecting his interests only helps in this. An incompetent person in such a situation has the right to dispose of his finances, pension and property.
Full custody
These are the features guardianship over an incapable person. The rights and obligations of the citizen who issued the patronage are approximately understandable. In fact, it is required to help the ward in the exercise of his rights and the protection of interests.
But there is also such a thing as full custody. It is established, as has already been said, over minors who are not yet 14 years old. Or over incapable adults, but with special conditions.
A citizen over whom full custody is executed should be recognized legally incompetent. As a rule, this form of advocacy is used when it comes to mental illness. If a person is in an inadequate state, is not able to perceive in a normal light everything that is happening around him, then full custody of him is established. This is a huge responsibility. That is why it is recommended that you think about the consequences in advance before agreeing to take custody. Not everyone understands what they will have to do now.
Responsibilities in custody
Now it’s clear how guardianship over an incompetent person can be expressed. What are the rights and obligations of guardians in this case? Full custody is a huge responsibility. Why?
All due to the fact that the responsibilities of a person who cares for a person, as well as the protection of his rights and interests, are many. These include:
- Full provision for the legally incompetent.
- Care for the ward. And in full. This includes providing a comfortable life.
- Treatment of a legally incompetent person. Including the purchase of medicines and payment of sanatoriums.
- Protection of the rights and interests of the guardian.
- Disposal of finances and property of a legally incompetent person in his own interests.
- Increased welfare of the ward. You can not reduce it, just multiply it.
- Making any transactions on behalf of a legally incompetent person. Only those that are aimed at improving the human condition, as well as protecting the rights and freedoms of the ward, are allowed.
- Recognition of the legal capacity of the caregiver. An extremely rare case. Occurs if a person is cured of an illness and becomes healthy.
Now it’s clear what guardianship over a legally incompetent person dictates rights and obligations. The procedure for collecting documents and issuing relevant papers to obtain guardian status is another nuance that many are interested in. But before this it is necessary to understand whether monetary compensation for guardianship is due. This is the question most people are interested in.
About cash payments
In general, guardianship is voluntary. And no one will pay for it. If close relatives or just acquaintances do not express a desire to act as guardians, then guardianship authorities will provide protection and care. No one forces citizens to take such a serious responsibility.
However, in some situations, compensation is required for guardianship of an incapable person. The rights and obligations, payments and benefits that are issued to guardians - all this interests the population. After all, caring for a person is not such an easy task.
As a rule, cash payments are mainly relied upon for custody of minors. Then the guardians will be given lump sum payments, as well as some monthly benefits. But if we are talking about an adult legally incompetent, then there is no special support from the state. There is only a small amount of money that is paid monthly.
How much pay
What other nuances does guardianship over an incapable person have? Rights and obligations, payments and the procedure for drawing up relevant documents - remembering all this is not so difficult.
It has already been said that in some cases, money will be paid for the maintenance of the legally incompetent. But in what sizes? This fact also seems extremely important to some. This feature is regulated at the regional level. Citizens for the implementation of care are assigned payments in the amounts that are established in a particular region.
At the moment, in Moscow, for example, one can hope for the following payments and allowances when issuing guardianship:
- 15,000 rubles (up to 12 years) are transferred monthly to young children;
- for persons over 12 years old - 20,000;
- 25 thousand rubles are allocated per month for a disabled child.
But on adult incompetent payments are established in a fixed amount throughout Russia. For a long time, their amounts are:
- for persons with disabilities of the 1st group since childhood - 5 500 rubles;
- to the rest - 1,200.
That is, in fact, the guardian has the right to receive a monthly allowance from the state in the amount of 1,200 rubles. And only in exceptional cases, this payment increases several times.
Patronage Procedure
These are all the features that guardianship over an incapable person has. Rights and obligations with the right to inherit housing are usually associated when it comes to patronage. Or if this feature was originally agreed with the guardianship authorities. A fairly common type of "compensation" in the future.
But how to arrange this or that custody? For example, patronage. This process is perhaps the easiest. And he does not require any serious documents or actions.
Registration of patronage occurs at the request of an incompetent person. It indicates in the corresponding document the conditions of patronage, if necessary, secures the right of inheritance to the citizen in the future. Be sure to indicate who you want to see as a guardian. Next, a certain list of documents is collected. It is submitted to the guardianship authorities along with the application of the established form. After that, for some time (as practice shows, the process takes about 7 days), the relevant service considers the submitted application and makes a decision. If it is positive, then the applicant and the guardian are sent a notice of the appointment of guardianship. Otherwise, a denial.
Documents for patronage
It would seem that guardianship over an incapable person does not require anything special. Rights and obligations, the procedure for processing documents - all this is regulated by the current legislation. If we are talking about patronage, then we will have to provide the following documents to the guardianship authorities:
- application-contract on behalf of a legally incompetent person;
- identity cards of the parties;
- SNILS (preferably);
- health certificates (from both sides);
- documents of no criminal record (the guardian brings);
- an autobiography of the person who will look after the citizen;
- extracts indicating the income of the guardian (preferably);
- consent of the potential guardian to patronage.
Now it’s clear what the guardianship over a legally incompetent person implies, what documents are needed for patronage, where to go with this list. But many are interested in complete custody. Although it imposes great responsibility, it often implies the existence of inheritance rights. What is needed to prescribe such care for a citizen?
Complete custody
This process is more responsible. It is important to fully understand what the guardianship of a legally incapable person imposes rights and obligations. How to draw up this type of protection of the interests and rights of a citizen? What to do if you need to act as a guardian in full?
To do this, you can follow the algorithm of actions:
- Recognize a person as legally incompetent.
- Collect a specific list of documents for registration of guardianship.
- Provide a package of papers and a court decision to the guardianship authorities.
- Wait for the result of the decision of the specified service.
Nothing difficult or special. The main problem is the collection of documents and the recognition of a person as legally incompetent in court. But this can be dealt with if there is real reason.
Documents for full custody
Among the list of documents presented to the relevant authorities, we can distinguish:
- court decision recognizing a citizen as legally incompetent ;
- guardian's identity card (passport);
- application for appointment as legal representative;
- autobiography;
- certificates indicating the citizen's income and its viability.
That's all. Now it’s clear what constitutes full guardianship of an incapable person, rights and obligations, how to arrange care for this category of people, as well as what payments can be claimed. Not everything is as hard as it seems!