There are different ways to deliver retirement benefits. Pensioners have the right to choose the most suitable option for themselves. When in serious condition and inability to move, the surefire way to receive a pension for a bedridden patient is to issue a power of attorney. In addition, in some cases, you can issue a guardianship. This is described in detail in the article.
The concept of power of attorney
This definition is given in article 185 of the Civil Code of the Russian Federation. According to him, this is a document drawn up in writing, which contains special rights to perform certain actions to one or several persons, including receiving a pension instead of a pensioner. The one who signs the document is the principal, and the second person is the trustee.
The fact that the power of attorney must be in place when receiving a pension by another person is stated in the Law on Insurance Pensions No. 400-. At the same time, this is not only about an elderly person who is paid by age. Pensions may be granted to a minor child, as well as to a legally incompetent person.
This document may be required in the following cases:
- If a pensioner undergoes long-term treatment in a hospital in a hospital unit
- If a person is not able to move independently.
- If he cannot sign papers due to illiteracy.
- When the principal left for another country.
The list is not exhaustive. In life, there are other situations in which it may be necessary to receive a pension (for a bedridden patient unconscious, for example), when a pensioner cannot do this personally.
Power of Attorney
This document can be executed in different ways, depending on the state of the pensioner and the situation in general. These include the following:
- Assurance at home.
- Certification by the head physician in the hospital.
The algorithm of actions depends on which method is selected. But regardless of this, the following information should be indicated in the power of attorney:
- Name of the document, place and date of preparation, as well as signature.
- Personal data of a pensioner (from a passport) - F. I. O., date and place of birth, address of registration.
- The same data about the representative.
- The authority of a representative to receive a pension for a bed patient.
- Validity period of the power of attorney.
Other information may also be included in the document, depending on the design features.
At the notary
How to get a pension for a bedridden patient at home? For this, certification by a notary of a power of attorney is required. In this case, the specialist is called to the house.
The main task of a notary public is to determine legal capacity. If the patient is aware of himself and his actions, that is, is in his right mind and memory, then with his desire, a corresponding power of attorney for his representative can be issued.
In this case, the power of attorney should contain the following information:
- F. I. O., notary contacts and address of the office where he works.
- The certificate that the bed patient is competent.
Other conditions that are presented to the principal may also be included in the document. After drawing up the power of attorney, the bed patient should sign.
If he is unable to sign, due to illness, then another person can do it. At the same time, both the principal and the notary must be present. Then the proxy indicates the citizen who signed it, and the grounds for the impossibility of signing it directly to the sick.
If the notary believes that the principal is incompetent, then the power of attorney is not issued. Is there another way to get a retirement pension? It turns out yes. For this purpose, guardianship is issued, in which the guardian becomes the legal representative of the patient.
In the hospital
If the patient is undergoing treatment in a hospital at the inpatient unit, then a power of attorney can be issued in one of the following ways:
- By calling a notary to the hospital.
- By certifying the power of attorney by the chief physician of the medical institution.
Involving a head physician is a more preferable option for how to get a pension for a bed patient. The power of attorney form for a bed patient has a standard form and contains the following information:
- Name of the medical institution where the patient is located.
- The state of the pensioner, the availability of his legal capacity, as well as the right to draw up a power of attorney to carry out appropriate actions.
- F. I. O. of the chief physician, attending physician, their signature, as well as the seal of the medical institution.
The advantage of this option is that the procedure is free. If it is decided to involve a notary in this procedure, then it is carried out in the same way as when calling him at home. At the same time, you need to be prepared for the fact that the amount of services for a specialist’s visit increases significantly.
If, according to the doctor, a person is not aware of his actions, then the power of attorney is not issued. Then you have to decide in another way the question of how to get a pension for a bed patient. After a stroke, whether it is in an unconscious state or in another vulnerable position, a way out can be found both with the assistance of state structures, and independently.
Price of services and document validity
The date of signing the power of attorney is a prerequisite. If it is not, the document is considered invalid. The power of attorney has a limited duration. A bed patient has the right to draw up a document for any period at his discretion, but for a period not exceeding 3 years. If the validity period is not specified, then the power of attorney is considered valid for 1 year from the date of signing.
The cost may vary in different notaries. But, as a rule, it varies from 800 to 1,500 rubles. This indicator depends on the location of the office, medical institution or the patient’s residence and applies only to notary services, since there is no need to pay anything at the head doctor for the paperwork.
Appointment of custody
Guardianship may be assigned to a bedridden patient who is incompetent. His consent is not required for this (for example, if he is unconscious). But if a person is aware of his actions, but cannot satisfy his needs independently, then patronage can be established with his consent. This type of guardianship is issued in relation to the bed patient.
Who is eligible for custody
The guardian can be a close relative of the patient or an outsider who meets certain requirements. These include the following:
- Age of majority.
- Legal capacity.
- Lack of criminal record.
- The presence of the necessary moral qualities.
A positive decision regarding the applicant for guardianship may not be made if he is an elderly person, has serious health problems. Also, the ground for refusal is a negative characteristic from work or place of study. In this case, you need to look for another way to receive a pension for a bed patient at the post office or bank.
The appointment of a guardian is carried out by the guardianship authorities. Moreover, if several people apply for guardianship, preference will be given to the closest relatives. Several assistants can also be appointed who will share responsibilities and will be jointly responsible for their implementation.
A social worker or medic cannot be appointed guardian.
Guardianship
In order to be appointed guardian of the patient, an appropriate application should be submitted to the guardianship authorities. Specialists of this service will inform which documents are required. The following papers are included in the standard list:
- Identification.
- The conclusion from the medical institution about the state of health.
- Certificate of employment or other document confirming the availability of income.
- The consent of relatives, if a stranger is going to become a guardian.
- The statement of the person under guardianship, if he is in his right mind, or a court document declaring him legally incompetent.
- Characteristic from work.
When considering documents, specialists have the right to apply for information to the police department, medical institutions, as well as to the registry office. The decision to establish guardianship is made within a month.
In case of a positive outcome, an act on the appointment of a guardian is issued. If the guardianship is executed in the form of patronage, then a contract of commission is concluded.
You must understand that this process can take a long period of time. But after that, the guardian gets all the rights to protect the interests of the ward. Accordingly, after completing these documents, you should not worry about how you can get a pension for a bed patient. For this, the guardian does not need special documents in the form of a power of attorney.
Getting a pension
The law allows for the receipt of pensions in various ways that the pensioner chooses on his own. These include:
- Getting a pension at the post office.
- Getting a pension through a postman at home.
- Getting a pension at the bank through the cashier.
- Getting a pension on a bank card.
Mail services are mostly popular among rural residents. Citizens are increasingly choosing a method of receiving payments at the bank. However, a bedridden patient, who is in his right mind and memory, may choose a method of delivering a pension through a postman to his house. Then he will be able to independently receive money, despite the restriction of physical capabilities. But in the case of poor physical condition, there is a way to get a pension for a bed patient in Sberbank without a notary.
Getting a pension on a bank card
Currently, the popularity of obtaining a pension on a bank card or pensioner account in a bank is growing. If a bed patient trusts a relative or other caregiver, then there will be no problems with how to receive a pension for a bed patient on a card. Moreover, no additional documents will be required in the form of a power of attorney or an act on the appointment of guardianship. But the pensioner must provide a PIN code to use the card.
Conclusion
As you can see, if you need to receive a pension for a bedridden patient, there will be no difficulties. From several options, you can find the best way to get a pension for a bedridden patient: in Sberbank (another bank) or by post by proxy (act of appointment of guardianship), without additional documents if you have a pensioner's bank card with a PIN code. Making guardianship is a lengthy procedure. Therefore, they resort to it only when it is necessary to represent the interests of the ward in different situations, and not just to receive a pension payment.