For many centuries, incapacitated and partially capable people were protected by guardians, representatives. At the present stage of development of society, the institution of guardianship and trusteeship is regulated in detail by law. Custody is established both over minors and over adult legally incapable people. How much does a guardian receive, what rights and obligations are assigned to him, what types of guardianship do exist at all? We will answer all these and other questions in our article. Consider this topic in detail and note some details and nuances.
What is custody and guardianship?
The state has developed a whole system of mechanisms designed to protect the interests of legally incompetent and minor citizens. There are two main concepts in this area - guardianship and trusteeship.
Guardianship is such legal relationship that develops between a citizen who has not reached the age of 14 or an adult, recognized legally incompetent, and a guardian. The latter is the legal representative of the former. Guardianship includes relations involving minors aged 14 to 18 years, as well as citizens with limited legal capacity.
The difference in categories lies in the spectrum of rights vested in guardians and trustees. Guardians on behalf of their wards can perform legally significant actions, having a wider range of powers than trustees. The powers of the trustee are more limited, all limits are outlined by the norms of legislation.
Legal Regulation
First of all, general issues related to guardianship and trusteeship are regulated by the Civil and Family Codes. Laws establish the general principles and provisions on which these social institutions are built.
A more specific and detailed law is the Federal Law "On Guardianship." It regulates more detailed issues, for example, how much a guardian receives, what rights and obligations he has, and details of the activities are established.
These are the main laws, in addition to them there are also by-laws, for example, those that are issued by the government, the president of Russia, as well as other departments and ministries.
Types of guardianship
Before moving on to the question of how much a guardian receives, let us pay attention to the types of this institution. There are several reasons for the classification of the institution of guardianship.
The most common classification is division by subject:
- Custody of children under 14 years.
- Guardianship of adolescents aged 14 to 18 years (if the ward is studying full-time at the university - up to 21 years).
- Custody of adult citizens who are legally incompetent.
- Guardianship of persons with limited legal capacity.
In addition, custody can be divided depending on the number of subjects. As a general rule, one guardian is assigned to one ward. There are also cases where one guardian has several guardians. There is also the opposite situation, when there are several wards per guardian. For example, a guardian takes custody of brothers or sisters.
Main classification
The law regulates the main classification, which includes two types of guardianship. This is a general guardianship, which can be either paid or free. The second type is preliminary custody.
When we talk about gratuitous, we are talking about guardianship. It implies a lack of remuneration for the work of the trustee. A vivid example is the guardianship of a child who has reached the age of 14 but has not reached the age of 18. This institution automatically ceases to function when the child is emancipated or when he is 18 years old.
Compensated trusteeship also enters into the first type, when a trustee receives material assistance for labor. In this case, the amount of remuneration is specified in the contract. This may be an agreement on a foster, foster family or on the establishment of guardianship.
The second type is preliminary custody. It is provided if the child was removed from the family, but in order to protect him from negative factors, they did not begin to place him in the shelter. In this case, uncles, aunts, grandparents or other relatives become guardians. In this case, we can talk about temporary, or preliminary, custody. The type depends on how much the guardian receives.
Rights of guardian and trustee
The law clearly regulates the range of rights and obligations of guardians and trustees. Among the fundamental rights are the following:
- Guardians may advocate for the interests of the wards without special authority.
- Guardians and trustees may take measures to protect real estate and other property of the ward.
- Submit an application to the court for the recovery of alimony and other claims.
- The guardian is entitled to deposit funds into the accounts of the ward on behalf of the second.
- On behalf of the ward, the guardians have the right to give consent to the processing of personal information, depositing funds to the accounts of an organization.
- On behalf of the ward, apply for the payment of pensions, social benefits or other material assistance.
- The contract or contract may specify the specific rights that the guardian is given in a particular situation.
Responsibilities of the Guardian and Trustee
It is important to know what responsibilities are assigned to guardians. We will note some of them; in more detail, again, the terms of reference are established in the contract. The guardian must:
- Take care of the interests and rights of your ward, represent them if necessary and act exclusively in his interests.
- Prevent the reduction of the value of the property, contribute to the receipt of income from this property, ensure its safety.
- Make a claim for damages that have been caused to the ward. In this case, we are talking about both moral and physical harm.
- Take care and care for the person over whom custody is established.
- In the case of a child, provide them with basic education.
- Take care of the normal spiritual, mental, physical development of the ward.
Now we turn to the question of how much money the guardians receive. At the same time, we consider different categories of wards.
Who is eligible to receive payments?
There is a general rule that a guardian of an adult legally incompetent person provides his assistance free of charge. However, there are exceptions. A citizen has the right to receive payments in the following cases:
- If he is caring for a person with the first group of disabilities, an elderly person who needs constant care and care, or for a person whose age exceeds 80 years.
- If the guardian or trustee is unemployed and does not have a livelihood.
- He is a person of working age.
Any person who actually cares for a person in need of assistance has the right to receive funds. However, it is not necessary to live together or officially receive guardian status.
In addition, when it comes to foster care and minors, then guardians in all cases have the right to receive payments and benefits.
One-time payment for custody of a minor
With regard to minors, there are several types of payments related to child custody. First of all, this is one-time assistance, in addition to it there is a monthly allowance, remuneration for adoptive parents, as well as regional payments.
In the Russian Federation the law "On benefits to citizens who have children" is in force. It provides for the payment of guardians when placing a child under guardianship. How much does a guardian receive per child? The amount is constantly indexed, which means it is increasing. For comparison: in 2016, its size was 15 512.65 rubles. In 2018, the amount is 16 873, 54 rubles. Despite the fact that the indexation is small, it is still a significant help to foster parents. This amount is set at the level of the Russian Federation, it is minimal, at the level of the subject of the federation its size can be increased. To clarify the specific amount of benefits, you need to contact the department of social protection.
Other payments under guardianship over a minor
As we noted earlier, in addition to a one-time payment, there are others. How much does a guardian receive per child monthly? This question cannot be answered exactly, everything again depends on the subject of the Federation. It is at this level that the size of payments is established. Clarification of all information can be obtained in the department of social protection. We give an example on one subject of the Russian Federation - Moscow.
Back in 2017, the city government issued a resolution in which specific amounts of payments were noted. How much do guardians get in Moscow? It depends on the ward. For a child whose age is less than 12 years, the amount of the benefit is 16,500 rubles. For a minor who is over 12 years old, the amount of the allowance is 22,000 rubles. There is also a rule - if the family has more than 3 adopted children, for each allowance it increases by another 3300 rubles. If we are talking about a child with a disability, then the amount increases to 27,500 rubles. An important nuance is the purpose of payments - keeping the child in decent conditions and the realization of all his needs.
At the level of each region in Russia, additional payments may be established, which are due to foster parents.
Payments for guardianship of a disabled person of the 1st group
This category of payments is the largest in size, this is due to the complete dependence of the ward on the guardian, the inability of the first to take care of himself independently, as well as the inability to move. A disability group is assigned on a medical board. We turn to the question, how much does the guardian of a disabled person of the 1st group receive?
Parents, adoptive parents, guardians and caregivers caring for disabled people of the 1st group receive monthly allowance in the amount of 5500 rubles. In addition, in respect of the most incompetent, a pension of 10,337 rubles is paid. At the regional level, after the decision of the medical commission, additional benefits are paid. We noted how much guardians should receive in this case, but there are benefits in addition to payments. These include a 50% discount on utility bills, treatment at a sanatorium or dispensary, and more.
Payments for disabled people of the 2nd group
How much does a guardian of a disabled person of the 2nd group receive? The monthly payment in this case is 2,000 rubles, the pension for the disabled person is 3,600 rubles, the social package is 839 rubles. In addition, for this category of disabled people, free social services, travel, educational benefits, and a discount on utility bills are provided.
We examined how much guardians receive for people with disabilities, but there are some nuances with embezzlement. In the case of guardianship of disabled persons of the 1st group, the guardian can manage payments in his own interests, that is, spend money on himself. In the case of custody of disabled persons of the 2nd group, all funds should go to the benefit of the ward.
Guardianship over the elderly
How much does a guardian over an elderly person get? As a general rule, care for the elderly in Russia is absolutely free. The state has not developed a system of payments and benefits for custody of senior citizens. However, there are exceptions: if the guardian is an unemployed person who must constantly look after an elderly citizen, a payment of 1,200 rubles may be assigned. This amount is the minimum established at the state level. You can find out the specific size in social security, because you can’t answer how much guardians get in Russia, it all depends on the subject.
Where to go?
To apply for guardian payments, regardless of the type or nature of their establishment, you need to contact the social protection department. Just here you will be prompted for a specific payment amount, they will clarify the package of documents required to receive them, and the procedure for registration. If we are talking about minors, then before social protection you need to visit the department of guardianship. It draws up a foster family agreement. In the case of the elderly, it must be remembered that compensation for custody of this category is assigned by the Pension Fund of the Russian Federation.