Who can become a guardian
Russian legislation prescribes the rules by which guardians for incapacitated persons are selected. The responsible person must be healthy, so the citizen must provide the following documents:
- a certificate confirming the absence of infectious and mental diseases;
- medical certificate in form No. 164у-96, confirming the proper health of the citizen.
When a guardian is selected for an incapacitated person, the guardianship authorities look not only at the person’s health, but also at his character and personal qualities. The relationship between the ward and the guardian is monitored, to what extent the person is financially independent. A citizen must be legally competent. The caregiver must have his own living space, or he can live in the apartment of the supervised parent.
KVU size
Pensioners who have reached 80 years of age cannot always count on outside help. If a person after 80 years of age has the status of an individual entrepreneur, or, for example, teaches at an educational institution, then he is considered able to work and is not required to take care of him.
KVU is compensation for able-bodied persons who are not working and spend their time and effort caring for an old, disabled person. This subsidy is paid by the state from its own funds, and today its amount is 1,200 rubles.
KVU is relied upon for each ward, and if a person takes care of two pensioners or disabled pensioners after 80 years of age, then he receives 1,200 x 2 = 2,400 rubles monthly.
In addition, the KVU is subject to increase at the expense of the regional coefficient in those regions in which such a coefficient is applied, including to pensions. For example, in the Tyumen region, in the Nenets Autonomous Okrug, such a coefficient applies, it is equal to 1.6, in Altai or Transbaikalia - 1.4. Accordingly, KVU = 1920 (1200 x 1.6) and 1680 rubles. In the Republic of Yakutia - from 1.7 to 2, in the Primorsky Territory the coefficient corresponds to 1.3 - 1.4, in the Kamchatka Territory - from 1.8 to 2.
Also, the time spent caring for an elderly person in need of care is included in the guardian’s work experience along with the length of service accrued to him in his regular workplace.
Indexation for KVU is not provided for by the current legislation of the Russian Federation.
The amount of 1,200 rubles, of course, cannot be enough to cover all care problems. But this is an additional payment to a pension, financial assistance from the state, in case there is a kind soul who wants to help a pensioner overcome, at least partially, the discomfort of old age.
If such a kind soul is not found, and the pensioner still needs care, then the state can provide him with care from social services, completely free. This right is guaranteed to the pensioner.
How to obtain guardianship: procedure
The process of registering guardianship for disabled people and pensioners is not complicated; to understand it, you should read the Federal Law No. 48 dated April 24, 2008. It describes in detail the criteria by which the selection is made, as well as what steps the responsible person should take. To register guardianship you must:
- through the court to declare the mother or father incompetent;
- contact the guardianship authorities by submitting an application there about the need to establish guardianship over the citizen;
- prepare a package of documents according to the list, which will be issued by the authorized bodies;
- undergo the procedure of examining the living and living conditions where the incapacitated ward will live;
- The guardianship authorities will draw up an examination report, which will be issued to the future guardian;
- As a result, a decision is made to establish or refuse guardianship, the decision is recorded in a separate act.
If all the requirements are met, the citizen will be appointed as a responsible person, and accordingly he will receive this status.
Guardianship of elderly parents
Every child has the right by law to obtain guardianship. Many trustees want to know what is involved in obtaining this status. If a citizen takes care of an elderly person, then he will be entitled to state payments; this condition is relevant only if the person in charge does not have a permanent place of work.
Guardianship is established over parents even if they do not have physical health problems. Then a decision on incapacity must be obtained through the court. The guardian will have to bear all the expenses of his ward, while the responsible person has the right to spend the funds of the incapacitated parent.
Even with legal capacity, parents may be unable to work, and then they need the help of their children. Often in old age, people cannot fully take care of themselves and run a household due to their health. Therefore, many people ask the question of how to arrange guardianship for elderly parents who need help.
If the mother or father is capable, then patronage is issued. In this case, the trustee can help the parents with their affairs, as well as with protecting their rights. Patronage can be established only after receiving permission from the guardianship authorities, as well as if the parents themselves give their consent.
Note! An agreement on trust management of property is often drawn up.
Read also:
Custody of a child with living parents
Required documents
When applying to the guardianship department, the child will need to provide the following documents to the staff of the institution:
- a certificate from your employment address, which contains information about the position held and the amount of salary received;
- an extract from the house register, which establishes the availability of housing;
- a police certificate establishing the fact that the child has no criminal record (guardianship officials can request this document on their own);
- medical certificate confirming the absence of diseases and disorders that prevent the registration of guardianship;
- certificate of registration of the marital union;
- written consent from the child’s family members;
- a certificate stating that the housing meets all sanitary, hygienic and technical requirements;
- autobiography of a child;
- a certificate stating that the applicant has completed specialized training for guardianship.
The validity period of the medical certificate is 3 months from the date of issue, and other documents are valid for 12 months.
Guardianship by court order
If, by a court decision, a citizen is considered incompetent, then guardianship is established over him. Depending on the documents provided, the degree of incapacity is established. The documentation process can take more than a year, so unprepared citizens can face a lot of problems. If even one piece of paper is missing, the matter will be delayed indefinitely.
If a child becomes a trustee, then the right to receive an inheritance by law is automatically removed from him. In this case, the mother and father are required to write a will, otherwise the responsible person will receive nothing. If incapacity and the absence of a will are established, drawing up the paper will be problematic; the help of a qualified specialist will be needed.
Social services have the right to check how the ward lives, as well as where his funds from the account are spent. If a guardian spends funds on personal needs, he may be deprived of his status. In addition, guardianship authorities may require a report on all expenses incurred. The responsible person does not have the right to dispose of the property of the ward, nor use it for personal purposes.
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Refusal of guardianship
If we follow the Federal Law of April 24, 2008 No. 48, then the fifth article states that the principle of guardianship is freedom of choice. A citizen can either agree to this status or refuse it. A citizen cannot obtain the status of a guardian by force. In addition, the responsible person may refuse his duties without providing detailed reasons. The application for refusal is drawn up in free form and is submitted to the guardianship authorities.
By law, children can obtain custody of their parents. In this case, the status is issued without the consent of the guardian if he is declared incompetent. Also, the responsible person can refuse his duties without explaining the reasons.
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