Guardianship of a child with living parents: registration procedure

Life can turn out differently, and there are situations as a result of which a child may be left without parental care, and an adult may lose the ability to independently perform legal actions due to illness. In this case, the state turns to the institution of guardianship.

And one of the important issues in this area is guardianship over relatives. One of the types of placement in a family of minor citizens, as well as adults who have been declared incompetent by the court due to mental disorders, is called guardianship.

The guardian is vested with the authority to carry out transactions on behalf of the ward only by decision of the guardianship authorities. The person appointed as a guardian or trustee is charged with caring for the health and property of the ward, and in the case of minors, with upbringing and education.

The Constitution of the Russian Federation establishes that citizens have the opportunity to fully exercise their rights and obligations upon reaching the age of 18.

They receive full legal capacity, namely, they can carry out actions that have legal significance and are responsible for their consequences.

But in real life there are situations in which this becomes impossible. Therefore, the institution of guardianship and trusteeship was created.

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Guardianship and trusteeship: concept

Guardianship is a form of placement for children under 14 years of age. Guardianship is established under an agreement drawn up with the participation of the guardianship and trusteeship authorities. If the child is over 14 years old, guardianship is established instead of guardianship.

Let's look at the main differences between the two concepts:

Condition	Guardianship	Guardianship
Child's age	Up to 14 years old	From 14 years old
Circle of people	Guardian and ward	Guardian and ward
Disposal of the ward's property	The guardian has the right to make any transactions on behalf of the child, with the permission of the Educational Inspectorate	The guardian does not act on behalf of the minor, but gives consent to transactions
Responsibilities	In fact, the guardian fulfills parental obligations	The range of rights and responsibilities is smaller
Responsibility for the child's actions	The guardian is fully responsible for the child's actions	Solidarity - both answer
Cohabitation	Necessarily	With the permission of the OiP, traveling with a child over 16 years old is allowed

Guardianship and trusteeship have one thing in common: the mandatory conclusion of an agreement with the participation of the PA. Until the child reaches adulthood, important transactions and actions are carried out only with the consent of this government agency.

Grounds for termination

Grounds for termination of guardianship:

the child reaches the age of 14 years and the registration of guardianship;
the ward reaches the age of majority;
marriage of a minor;
placement of the ward at work, acquisition of full legal capacity upon reaching 16 years of age;
termination by the guardian of the contract with the POO due to various circumstances (illness, deterioration of financial situation, etc.);
parents got the opportunity to raise the child themselves (stopping business trips, improving their health or financial situation, etc.);
initiation of criminal proceedings against the guardian;
expiration of the contract with the PLO;
removal of a guardian by decision of the PLO due to violations (violation of the rights of the ward, improper performance of duties, etc.);
death of a guardian.

The PLO conducts scheduled and unscheduled inspections of the conditions and quality of life of the child under care. The guardian systematically provides reports on monetary expenses and the state of the pupil’s property.

Types of guardianship

There is a common misconception in Russia that guardianship is only granted to children whose parents have died or been declared incompetent. In fact, this is not true: the mother and father can give the minor temporary custody under certain circumstances.

Let's look into this issue and find out when and what type of guardianship is issued.

Permanent guardianship

Permanent guardianship is a form of placement for a child left without parents due to their death or deprivation of parental rights. He is placed with a foster family or one guardian until he reaches adulthood.

Also, permanent guardianship is issued for adult incapacitated citizens who require help and care. For parents who want to place their child under guardianship for a while, this method is not suitable.

Temporary guardianship

According to Art. 13 Federal Law No. 48, temporary guardianship is established over children upon a joint application of the parents if they:

They work on a rotational basis and leave for long periods of time;
Are undergoing long-term treatment in hospital;
They move to another city or country to look for work, study, or care for a seriously ill relative.

Temporary guardianship can be assigned when a teenager is sent to study abroad or to another city. The main condition is that the reason must be valid.

When parental rights are limited, temporary guardianship may be established until the expiration of the period specified in the court decision.

Note! When assigning temporary guardianship, the AOiP pays close attention to the relationship between the guardian and the child. The latter's opinion will be taken into account. If during the conversation it becomes clear that the minor has a negative attitude towards the guardian, the parents will be required to choose another candidate.

The opinion of a child over 10 years old is taken into account without fail. If he is under 10 years old, the POiP staff will still have a conversation with him and find out his attitude towards the guardian.

Preliminary custody

The appointment of preliminary guardianship is regulated by Art. 12 Federal Law No. 48. It is used in emergency cases when a child or an adult incompetent citizen is left without parental assistance.

Preliminary guardianship and trusteeship help prevent the placement of a child in an orphanage. It is always established on a non-permanent basis, but, unlike temporary guardianship, the least requirements apply to guardians, and registration occurs as quickly as possible. Another difference is the inability to dispose of property on behalf of the ward or give consent to transactions with him.

The preliminary guardianship agreement is drawn up for a period not exceeding 6 months. In exceptional cases, it is extended to 8 months. If the guardian does not register the status of a permanent representative of the minor, the latter POiP continues to look for a guardian or guardian on a long-term basis.

Joint custody

The concept of “joint custody” does not exist in Russian legislation.

What people usually mean here is:

Registration of guardianship of a child by two spouses who are not his parents;
A minor living with his parents after a divorce, when the child lives for a week with one, a week with the other.

In the first case, clause 7 of the Decree of the Government of the Russian Federation of May 18, 2009 No. 423 is applied, according to which several guardians are appointed for a minor in exceptional cases. If a married couple wants to establish guardianship, an agreement is usually concluded with one of the spouses, and the other gives written consent. Joint custody will require a joint application from both applicants.

In the second case, guardianship is not formalized. If parents, after separation, want the child to live with each of them in turn, instead of guardianship, they need to determine the place of residence and order of residence by concluding an agreement with a notary or going to court.

Important! Parents cannot obtain guardianship over their children - they already have responsibilities and rights under Chapter. 12 of the RF IC, which are much broader than those of guardians.

Guardianship of a child from an orphanage

How to obtain guardianship for an elderly person?

Regulatory regulation

The basis for assigning guardianship is the absence of parental care over the child. Moreover, it does not matter whether the mother and father are alive or not.

Regulatory acts that regulate the procedure for appointing guardianship:

Convention on the Rights of the Child;
Constitution of the Russian Federation;
Family Code of the Russian Federation;
Civil Code of the Russian Federation;
Federal Law No. 48 of 2008;
Government Decree No. 423 of 2008;
Order of the Ministry of Education and Science of 2015 No. 101;
Order of the Ministry of Education of 2021 No. 4.

Why should parents obtain temporary guardianship?

Parents often work on a rotational basis, which involves long trips. During this time, children stay with grandmothers or other close relatives. Legally, the latter are not representatives of the child, so a guardianship agreement is needed to be able to represent his interests in several situations:

Giving consent to complex surgical interventions;
Conducting transactions with property;
Receiving payments for a child.

If there is no agreement, it will not be possible to provide timely assistance to a minor in resolving important issues.

Is it possible to challenge a will after the death of the testator? How to challenge a will for inheritance?

As often happens, there will always be someone who will not agree with the wishes of the other. The same is true with inheritance. The testator of the property expresses his last will in the appropriate document, and after his death, most likely, questions will arise among his family and friends. What to do if a person not mentioned in the will considers himself entitled to part of the deceased’s property? How to challenge a will for inheritance in accordance with the law? For a comprehensive answer, you should refer to Russian legislation.

How to obtain guardianship of a child with living parents: step-by-step instructions

For living parents who have not been deprived of parental rights, temporary guardianship is issued.
They choose a potential guardian on their own, then apply to the POiP to obtain permission. Step-by-step procedure for registering guardianship:

Parents apply to the Office of Educational Inspectorate at the place of residence of the caregiver with a joint application. Consent is provided by the guardian.
The future guardian undergoes a medical examination and provides a conclusion to the OUiP.
OOiP employees carry out an inspection of housing conditions within 10 days from the date of the application, within 3 days from the date of the inspection an act is drawn up, and a decision is made to appoint a specific citizen as a guardian.

Based on the decision, a guardianship agreement is concluded between the parties with the participation of the OOiP.

Requirements for a guardian

Citizens of legal age of legal age have the right to become guardians. Priority right is given to close relatives: grandparents, sisters, brothers, aunts, uncles.

The contract is not executed if:

There is a conviction for serious or especially serious crimes;
Serious illnesses have been diagnosed;
There is no permanent source of income;
The applicant was previously deprived of parental rights, removed from the duties of a guardian, and the adoption was canceled due to his fault;
There is no permanent place of residence;
There is no consent to guardianship from other family members over 10 years old living with the applicant in the same living space.

If there is at least one reason, the guardianship agreement will not be issued. Group 1 disabled people cannot be guardians.

Documentation

When contacting the OiP, parents must provide:

Application for establishment of guardianship;
Passports, SNILS;
Agreement with the future guardian;
Marriage registration certificate (if available);
Documents confirming the presence of valid reasons for establishing temporary guardianship: certificates from the place of work, educational institution, hospital.

When applying, a potential guardian provides:

Statement;
Passport, SNILS;
Certificate of ownership or lease agreement;
Certificate of no criminal record;
Autobiography;
Medical certificate confirming the absence of dangerous diseases;
Marriage certificate;
Written consent of family members.

Documents are provided in originals. Copies are made from them by a POiP employee, and the originals are returned to the owners.

Statement

The application from parents must contain the following information:

FULL NAME. director, name and address of the organization;
Full name, date of birth, place of residence, passport details of parents;
Valid reasons why temporary guardianship needs to be appointed;
The period for which guardianship is assigned;
Full name, gender, date of birth, residential address, information from the passport of the potential trustee;
Signatures of the parties.

The document is provided in a single copy along with the consent of the candidate for guardianship.

Sample application from the parents of a minor citizen to appoint a guardian for him: alt: Application from the child’s parents for temporary guardianship

Agreement

The agreement is drawn up by the parents and guardian indicating the following information:

Full name, date of birth, residential address, passport details;
Details of the OOiP act on the appointment of a guardian;
Start and end dates of guardianship;
Features of the order, the amount of money allocated by parents for the maintenance of the child;
Rights and obligations of the parties;
Grounds for termination of the contract.

The agreement is drawn up in three copies. One stays with the parents, the second - with the guardian, the third - in the OOiP.

Sample guardianship agreement: alt: Agreement on guardianship of a minor citizen

Autobiography

A short autobiography is provided by the person wishing to become a guardian.

The document contains data:

Full name, series and number of passport, residential address, date of birth;
Telephone;
Education, date of diploma;
Place of work, position;
Periods of work in different organizations (can be written out from the work book);
Family status. If the applicant is married, information about the spouse and children must be indicated;
Information about relatives living in the same living space;
Hobbies, preferred ways of organizing leisure time.

At the end there is a signature.

Sample autobiography of a guardian: alt: Sample autobiography

Guardian's application

The potential guardian is also provided with a statement reflecting the following information:

Full name, residential address, information from the passport;
FULL NAME. parents;
Full name, date of birth, residential address;
Request for the issuance of a conclusion on the establishment of guardianship;
Duration of guardianship;
Reasons for temporary guardianship;
Date of registration and signature.

The application is submitted to the POiP at the place of residence of the guardian.

Sample application from a guardian for temporary guardianship: alt: Application from a guardian for temporary guardianship

Registration deadlines

Registration takes 10-15 days. An inspection is carried out within 10 days, a conclusion is issued after three days.

Documents for registration

To register a minor separately from their parents, you will need the following package of documents:

Title of the document	Peculiarities
Passport of father and mother	Originals and copies
Child's birth certificate or passport	Original and copy
Application for registration	On behalf of the apartment owner
Written parental consent	Notarized
Marriage certificate	Or about its termination
Certificates stating that the child is not registered with either the father or mother	Taken at the place of registration of parents
Extract from the personal account	Issued by the Unified Information and Settlement Center
Certificate of ownership of the apartment	Served by the owner

This list can be supplemented and changed depending on each individual situation. This is especially true in cases where there is only one relative or parents are divorced, and it is impossible to obtain consent for registration for some reason.

Sources

Handbook of occupational safety specialist No. 3 2015; MCFER - M., 2015. - 662 p.
Skurko E.V. Global and regional trade and economic integration. Efficiency of legal regulation; Legal Center - M., 2004. - 691 p.
Akhetova, O. S. Prosecutor’s office and prosecutorial supervision / O. S. Akhetova. - M.: Scientific book, 2021. - 867 p.
Civil status acts in judicial practice. Educational and practical manual for judges and civil registry officials; Prospect - M., 2008. - 983 p.
Alexander, Ivanovich Chuchaev Criminal law impact: concept, object, mechanism, classification / Alexander Ivanovich Chuchaev. - M.: Prospekt, 2005. - 149 p.

Guardian's responsibility

According to Art. 26, guardians are responsible for transactions with children’s property made on their behalf. Liability is also provided for damage to the property of the ward through the fault of the representative.

If the guardian does not fulfill the duties of protecting and managing the property, the POiP draws up a report on this and submits a claim for compensation for losses. A dishonest attitude towards guardianship may become grounds for the cancellation of guardianship.

For illegal actions or inaction, guardians are liable in accordance with the Civil Code, the Criminal Code of the Russian Federation, and the Code of Administrative Offenses of the Russian Federation.