A person over 80 years of age may face many diseases that reduce their quality of life. At the same time, some conditions have such a negative impact on health and the possibility of normal socialization that citizens simply cannot provide care for themselves. They need help to fully enjoy their rights.
In this case, the law provides for guardianship of an elderly person over 80 years of age. The procedure has some important features.
Law
State support for citizens who are on pensions is regulated by regulatory documents at the federal level.
Old age guardianship is regulated by the following number of legislative acts:
- Civil Code of the Russian Federation of November 14, 2002 No. 138-FZ - data on guardianship of the elderly must be sought in articles 11, 29, 32, 35, 40, 41 and 48;
- Federal Law of August 22, 2008, which concerns social services for the elderly and persons with disabilities;
- document dated December 22, 2014 No. 48-FZ.
Guardianship of an elderly person after 80 years of age is a procedure that does not apply to all citizens who have reached old age.
Questions for a lawyer
Can a person declared incompetent be present at a court hearing?
Yes, if it does not harm his well-being and psychological state, and does not pose a threat to others.
What happens after the court decision comes into force?
Within 3 days, the decision is sent to the POiP, which are obliged to appoint a representative for the incapacitated person within 1 month.
Can a guardian who has reached retirement age apply for an allowance (RUB 1,200)?
No. When reaching retirement age, an old-age benefit is assigned, and it is not possible to issue a payment for caring for a person over 80 years of age.
When can they refuse to determine guardianship of an incapacitated person?
The basis for refusal is non-compliance with established requirements: a criminal record, incapacity, poor work performance. The decision for each citizen is determined individually.
Who is considered first for guardianship?
Such a right according to Art. 10 Federal Law No. 48 is provided to loved ones: spouses, parents, grandparents, adult grandchildren, sisters, brothers.
Who is under guardianship?
The Civil Code of the Russian Federation includes only general information about the legal grounds for registering guardianship of elderly people over 80 years of age.
This refers to chapter 3 of the document. More specific standards can be found in the Federal Law “On Guardianship and Trusteeship” dated April 24, 2008 No. 48-FZ. According to the law, it is possible to obtain guardianship over an elderly person over 80 years of age only if he:
- has significant mental disabilities;
- has illnesses that require constant care from third parties.
In any case, the grounds for guardianship are based on the fact that a person cannot independently fully cope with his own responsibilities and manage his rights. If any reason for registration ceases to exist, then the law provides for the termination of guardianship.
Requirements for a guardian
An applicant for guardianship must meet a number of requirements:
- Coming of age.
- Competence – the absence of mental illnesses and deviations is confirmed by a psychiatrist.
- The absence of alcohol, drug addiction, or substance abuse is confirmed by a narcologist.
- The absence of dangerous infectious diseases is a mandatory conclusion from a tuberculosis dispensary.
- No criminal record – in particular, crimes against the person (murder, rape, beatings, etc.). Ardent evaders from paying alimony cannot qualify for a patronage agreement.
- General physical condition – the guardian may need to use physical force when performing duties, his health must be satisfactory. The presence of serious illnesses in the applicant prevents the establishment of patronage.
- The psychological portrait of the applicant, in particular, positive moral qualities such as responsibility, responsiveness, and decency. Temperament and communication skills are important. Elderly people are not always easy to get along with. If a potential patron is stress-resistant and easily adaptable, then such qualities are a definite plus. Reviews about the applicant from the place of study or work will help to create his psychological portrait. Previous termination of a patronage agreement due to dishonest performance of duties is a serious basis for refusal to establish this form of care.
- Having a regular income.
The patron cannot be a social security worker.
IMPORTANT! Subject to equal conditions, preference is given to an applicant who is related to the applicant.
Who can care for the elderly?
Initially, it is necessary to understand that guardianship is a voluntary right. It is not forcibly assigned. Registration can take quite a long time, you need to be careful and patient.
The legislation specifies a number of obligations that will be assigned to the assistant; he must:
- support a senior citizen who is over 80 years of age;
- provide quality care;
- provide timely treatment to the pensioner;
- represent the property and personal rights of the ward;
- make important decisions on behalf of the ward that affect his life.
The law expects that a guardian who intends to care for a senior citizen will meet certain established requirements.
Among them, some parameters stand out; a person must:
- be of legal age;
- be considered fully capable;
- have no previous convictions;
- do not have mental disorders, problems with drug addiction or alcoholism.
In addition, the consent of the elderly person to guardianship by a certain person is also taken into account.
The guardian and the ward may not be blood relatives. But most often, care for the elderly is taken on by people who are related to older citizens.
Guardianship can be obtained by social security employees with whom the person is registered.
It is possible that a pensioner can obtain the status of a guardian, but only if he meets all the established requirements.
Persons who are elderly can count on 2 types of possible guardianship: full and patronage.
Full care for a pensioner is required if a person over 80 has completely or severely lost the ability to manage his own rights and responsibilities. In addition, such citizens may have great problems with self-care.
Full guardianship is established over senior citizens who meet the following requirements:
- the person needs complete and constant care, as confirmed by a medical certificate issued by the relevant institution;
- have a disability of group I.
Patronage is issued to persons who cannot exercise their rights and responsibilities, but are considered absolutely capable.
The assistant has limited powers, which are prescribed in the drawn up agreement.
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According to the law, patronage cannot be established over a person who has a documented mental illness, because in this case, capacity is not considered proven.
Termination of accepted obligations
According to Russian legislation, termination of a patronage agreement is possible only in the following cases:
- If the ward or trustee has died;
- If the guardian violated the terms of the concluded agreement;
- If the citizen who provided patronage did not fully fulfill his duties;
- If the rights of an elderly resident were violated;
- If the guardianship authorities decide to remove the guardian from their duties.
The trustee himself also has the right to submit his resignation. This decision must be reviewed by the guardianship authorities. If the guardian receives a refusal, he has the right to appeal to the judicial authorities. Often, guardianship center employees have strong evidence to make an appropriate decision, which is very difficult to challenge in court.
How much do they pay and is there any experience?
If there is a recognized fact that an elderly person has become incapacitated, then guardianship is established in the format of social patronage.
In addition, guardians can grant rights to persons under their care. Helpers are allowed to receive benefits issued by the Social Insurance Fund with full rights.
Only those persons who are considered capable and able to work can count on payments, but they should not be engaged in official work because of caring for an elderly person.
The period spent serving a pensioner over 80 years of age is fully included in the length of service and will be taken into account when calculating a future pension.
Persons who have registered for patronage are entitled to an additional payment from the Pension Fund of the Russian Federation, the amount is 1200 rubles. The purpose of the funds is to pay for guardianship services. And when establishing full guardianship over a pensioner who has lost his legal capacity, a payment of 1,200 rubles is also expected. Their guardian can receive them from the Social Insurance Fund.
After registration of social patronage, all the rights and interests of the elderly person will be managed by the assistant. He has the right to manage the money of the person under his care, but only the interests of the latter should be considered.
Guardianship involves paying a number of expenses for an elderly person:
- payment for housing and communal services;
- purchases of food and non-food products, medicines, clothing, etc.
State law does not define fees for guardianship or foster care. But the ward has the right to sign an agreement, which will stipulate voluntary payment for services.
Control of organs after registration of guardianship
The quality of care is constantly monitored by the relevant authorities. At the same time, employees:
- review the provided expense report;
- make changes to the inventory of the ward’s property;
- check the condition of the home of the guardian and ward.
If specialists discover a violation of the rights of a warded elderly citizen by a guardian, they contact law enforcement agencies and do everything possible to restore the rights of the ward.
The interests of the elderly person and living conditions are completely restored.
How to obtain guardianship for an elderly person over 80 years of age?
Guardianship of an elderly person after 80 is not the fastest or easiest procedure. Design features may vary, it all depends on the region where the persons live. The norms are reflected in the laws of the subjects of the state.
Who and where to contact
The procedure has general stages of passage. To register guardianship, it is necessary for an elderly person over 80 years of age who needs care to submit an application to the territorial Pension Fund or MFC, where a request for the appointment of patronage or full guardianship will be reflected.
A person who wishes to provide assistance must submit an application to the guardianship authorities and attach all the necessary documents confirming the legal grounds for the procedure. The forms must include a certificate confirming that the person has no criminal record, problems with alcohol or drugs, etc.
At this stage, a draft agreement between the parties should be developed. The guardianship authority will then review the application and provide a decision. You will have to spend about one month waiting. After receiving an order to establish guardianship, an agreement is concluded.
It is important that the document for the provision of services is correctly drawn up and signed by each of the parties to the agreement.
Documents and application
Each candidate for guardianship will be required to write an application. The finished form can be found on the Internet. The document is in the public domain. You should download a blank form and fill in the necessary information.
Sample application for granting benefits to care for an elderly person
Application form for a monthly payment (filled out by the guardian) Application form for the consent of a disabled person to care for him
The completed application is submitted to the local branch of the Social Security Administration. Additionally, you must attach the following documents:
- applicant's passport (original and copy);
- contract;
- health certificates for each participant in the procedure;
- a written reference from the place of work of a person who would like to take care of the elderly;
- work book (original and copy);
- an extract from the house register, which will confirm that there is ownership of the living space;
- certificate of registration at the place of actual residence;
- conclusion based on the results of checking the assistant’s place of residence (in two copies).
The application form that a candidate for trustee fills out must contain the following information:
- Full name of the guardian;
- passport data;
- the period for which guardianship is established;
- detailed conditions of care for the ward;
- list of attached documents.
You should fill out all the information carefully to avoid typos and errors. Completed examples can be found on the Internet.
Registration through the Pension Fund website
Care for an elderly person over 80 years old can be arranged remotely; to do this, you need to use the official website of the Pension Fund of the Russian Federation.
Algorithm of actions:
- Log in to your personal account on the Pension Fund website, to do this you need to use the login and password from the State Services resource. If you do not have accounts on one of the specified portals, you must go through the personal account registration procedure.
- Open the “Social payments” section, here both parties submit the corresponding applications.
- A person planning to provide assistance submits an application for a monthly payment to a non-working person who is caring for an incapacitated pensioner.
- An elderly person over 80 years of age who will be under guardianship sends an application where he confirms his consent to the guardianship.
In practice, there may be situations when it is necessary to provide additional documents to the institution. This information will be displayed in the request history, which can be found in the resource user’s personal account.
What should the assistant do?
When registering for patronage, the duties of the assistant must be described in the contract. When filling out the document, the parties carefully enter each item so that later questions do not arise regarding the scope of services provided and the boundaries of the trustee’s powers.
If necessary, a contract of agency is drawn up. Such a document gives the assistant the right to perform certain actions on behalf of the citizen who is being assisted. The general list of responsibilities selected by the human guardianship authorities for patronage is as follows:
- Arranging everyday life and dealing with legal issues of an elderly person.
- Fully report to the ward on the actions taken and talk about future plans for fulfilling their duties.
- If there is an appropriate agreement, represent the interests of the ward in court and manage his property.
- Prepare reports regarding the investment and expenditure of funds provided to the assistant.
How to avoid problems with the Pension Fund?
You should not try to deceive the Pension Fund. This institution does not monitor how a pensioner over 80 years of age is cared for, but this does not mean that the state does not monitor the overall process. All changes must be documented, or legal proceedings may follow.
A notification must be sent to the Pension Fund if:
- The guardian now has an official job, or has received unemployment benefits or pension payments. Within 5 days, you must visit the local government agency and write a statement that the care will be terminated. If income appears, you cannot count on further compensation. Payments will stop coming from the beginning of next month. For the current month, they will be received by the pensioner even if the application was submitted in the early days.
- The guardian received a one-time monetary reward (this can be provided in the form of an honorarium, paid practice, etc.). It is also necessary to notify the Pension Fund within 5 days from the date of accrual of funds. In this case, the contract will not cease to be valid, but compensation for the month when the income was received will not be possible.
- A pensioner over 80 who was receiving care has died. Within 5 days it is necessary to transfer the information to the Pension Fund. Compensation and length of service will no longer accrue.
- If the person providing assistance has changed his full name or changed his passport for other reasons, then this data must also be sent to the Pension Fund. It won't take much effort or time. All the same, the citizen will have to visit a government agency to obtain a new SNILS. At the same time, you can request adjustments to the data in the contract. These changes will not affect length of service or compensation.
Government agencies will monitor the activities of the trustee. Inspections may be carried out: employees of the institution can visit and talk with the pensioner, and also request budget reporting.
In accordance with current legislation, a guardian cannot spend a pensioner’s savings for personal needs.
If misconduct is found, the caregiver will have their status permanently revoked. In the future, he will not be able to become a trustee.
Monetary compensation and inheritance during patronage
It is worth noting that the regulations do not provide for any benefits or payments from the state when caring for a relative or loved one. There is also no obligation to pay for nursing care for patronized elderly people.
In addition, patronage provision does not in any way affect the inheritance of the pensioner’s property if he did not indicate an assistant in the will.
The only way to receive monetary compensation for expenses incurred and time spent is to draw up a document obliging the pensioner to pay a certain amount to his assistant, or to include this clause in the contract.
