Custody is a pretty important process that interests many. Especially those who are going to take the child to the family from the orphanage. Or who have relatives belonging to the category of elderly people. Guardians in Russia have special rights and obligations. In addition, it is worth remembering that in order to become a guardian, you must follow certain rules and comply with the requirements. So what is needed for this? What should future guardians know?
Definition
To begin with, a little about what the process under study actually represents. Custody is a device for underage children who are left without parents. As a rule, it is applied to persons under 14 years of age. The placement of minors occurs in families. Until this happens, the appropriate authority is responsible for the child.
In addition, custody is a way of arranging for older people as well as people with disabilities who need care. A peculiar form of protecting the interests and rights of incompetent or partially competent citizens.
It should be understood that custody is different from adoption. As a rule, this process is faster. There are some more features worth knowing about. In fact, guardianship is a fairly common form of care for citizens who have been recognized as legally incompetent.
Features with minors
What should I pay attention to first of all? Quite often, official custody is issued not over the elderly, but over the children. Therefore, this process must be given special attention.
So, the first difference from adoption is that the child in this case remains with his personal data. That is, the surname, name and patronymic do not change. In addition, parents (formerly legal representatives) are not exempt from liability for the maintenance of a minor. The guardian simply performs the function of a citizen who is responsible for the care, education and upbringing of the child.
The second point: one person is appointed a guardian. Most often, custody is a kind of preparation for adoption. The guardian is paid a monthly allowance in the amount prescribed by law for the maintenance of a minor.
The third nuance is the requirements for the future legal representative of the child. They are not put forward to the guardian as serious as to the adoptive parent. And it pleases. For example, in relation to housing conditions.
Guardian Restrictions
It should also be borne in mind that guardianship is not the full legal representation of a person. For example, a child. Guardians in Russia have special rights, but they are limited in their actions.
How exactly? What cannot a person recognized as a guardian do? The following restrictions apply to it:
- The trustee is not entitled to dispose of any property of the ward. This is possible only with the permission of the guardianship authorities.
- You can not make any transactions that reduce the welfare of the ward, as well as aimed at violating his interests.
- Money and securities that belong to the ward can be spent. But only, again, with the permission of the guardianship authorities. At its discretion, this is prohibited.
- Transactions in which the other party is a ward are prohibited. That is, with those over whom custody is issued.
It is such restrictions that are imposed on modern guardians. No further significant bans. We can say that the rest of the person will be the parent of the child, who provides care and upbringing, as well as teaching a minor.
Termination of custody
Sooner or later, moments arise that entail the cessation of custody of a person. For example, over children. This scenario is most often the case. Therefore, it should stop his attention.
When does custody cease? Children who have reached the age of 14 are no longer wards. They, as already mentioned, this form of device in the family is not suitable. After 14 years, guardianship is automatically established over children. It is no longer possible to return to questions of guardianship. Only if you recognize the child is completely incompetent. For example, insane.
But what if we are talking about an elderly person? In this case, as a rule, custody does not end in principle. There are only 3 options in which this event is possible. Namely:
- death of the ward;
- court decision;
- failure by the guardian to fulfill his duties (or improper care).
Most often in practice it is the first option. Guardianship of older people, as a rule, gives certain rights to citizens. And many are interested in them.
Who can become a guardian
The thing is that not everyone can become guardians. To them are put forward, as already mentioned, certain requirements. Not too tough, but they will have to comply without fail.
Usually under the guise of guardians are relatives of the guardian. For example, aunts or uncles of a child. Or his grandparents. If we are talking about older people, then children, or grandchildren, or great-grandchildren take custody of them. These are the most common scenarios.
However, custody (the definition has already been given earlier) can be issued by any competent adult. He should be able to contain the ward.
People deprived of parental rights cannot act as guardians. As well as persons with a criminal record for intentionally harming the life and health of citizens. Not necessarily old people or children.
Responsibilities
Custody of minors is a great responsibility. The same goes for older people. Officials receive not only rights, but also responsibilities. Which ones?
What does the guardian do? What functions does it perform? In fact, they have already been said. Regardless of the age of the ward, the following duties are imposed on the guardian:
- caring for a person;
- proper treatment;
- providing education (most often applied to children);
- protection of the interests of the legally incapable;
- the full content of the ward.
Also here can be attributed liability for profits from the property of a citizen, over which custody is issued. But at the same time, as already mentioned, without reducing human well-being. For example, by renting real estate.
When prescribed to a child
The Board of Trustees (a different name for guardianship authorities) may in some cases independently appoint a guardian to the child. But when exactly is this necessary? In what situations are minors taken into custody?
At the moment, there are several options for the development of events. Among the most common causes are:
- death of parents;
- restriction or complete deprivation of parental rights of legal representatives;
- the inability of parents to support a child due to long illnesses;
- prolonged absence of legal representatives;
- when parents (biological) are a danger to children;
- if the legal representatives of the minor are under 16 years old.
Children's rights
What else is important to know? The thing is that persons under guardianship are endowed with certain rights. Most often, as already mentioned, we are talking about minors. Therefore, it is recommended to understand by their example what rights they have. Other citizens, as a rule (if they were not recognized as inadequate), have similar opportunities.
Children under guardianship have the following rights:
- Reside in a family of a guardian or trustee;
- on respect, education and care from the appointed representative;
- to communicate with relatives and parents;
- expression of one’s opinion in cases that affect the interests of the guardian.
At the same time, all citizens are secured property rights to real estate. But under certain conditions, only the legal representative of a citizen can dispose of them. And only when the guardian advice gives it the go-ahead.
If the guardian does not have housing (the shares are also taken into account), then such a person will be entitled to housing. In the case of children - after reaching adulthood. At the same time, the guardian does not have any rights to the property provided.
Rules for registration
It is necessary to remember how the process of registration of a citizen as a guardian proceeds. This is actually not so difficult to do. Especially when it comes to cases where there is guardianship of older people who are incompetent.
First of all, a citizen who wants to become a guardian must collect a certain list of documents. About them a little later. Once the package is ready, you can begin decisive action.
It is necessary to write a statement of the established form and take it with certain documents to the guardianship authorities . Within 7 days, a commission is appointed that will check whether the housing meets the minimum requirements for the ward to live. If there are no complaints, the guardianship authorities make a positive decision and draw up guardianship.
Similarly, the process proceeds when a guardian is assigned to a disabled person. Or a minor child. Particular attention should be paid to the package of documents submitted to the guardianship authority.
Documents
Custody is a process that needs to be approached with responsibility. When submitting the application of the established form, it is necessary to attach, as already mentioned, a certain package of documents.
What do they relate to? Required to bring:
- applicant's identity card;
- income statements for the year;
- opinion from the doctor about the health status of the future guardian;
- marriage / divorce certificate (if any);
- consent from all family members to the residence of the ward with them (if someone lives with a potential guardian);
- autobiography.
Additionally, they can request any extracts that confirm the welfare of the citizen. This is a normal occurrence. As a rule, this package of documents is enough for the guardianship authorities to make this or that decision.