Guardianship of an elderly person after 80 years of age: how to arrange and how much do they pay?

Current legislation determines the possibility of obtaining guardianship for elderly people over 80 years of age.
This is due to the fact that citizens of this age, in most cases, are not able to independently serve their needs, and also, they cannot always control their psychophysical actions due to the natural aging of the body and the development of possible pathologies inherent in this age.

Most often, children are granted guardianship over their parents.

The legislative framework

The process of state support for citizens of retirement age is clearly regulated by current regulatory documents at the federal level.

The issue of old age guardianship is regulated by the following legislative acts:

  • Civil Procedure Code of the Russian Federation dated November 14, 2002 N 138-FZ (as amended on December 19, 2016) (as amended and supplemented, entered into force on January 1, 2017) - information on guardianship of the elderly should be found in Articles 11, 29, 32, 35, 40, 41, 48;
  • Federal Law of December 22, 2014 “On Guardianship and Trusteeship”;
  • Federal Law of August 22, 2008 “On Social Services for Elderly and Disabled Citizens.”


The laws of the Russian Federation regulate the registration of guardianship over an elderly person

Procedure for establishing social protection

The powers of guardians and the benefits entitled to them are determined by the Civil Code of the Russian Federation, the Federal Law “On Guardianship and Trusteeship” and other regulations.
To find out how to arrange patronage for an elderly relative or a stranger who requires outside assistance, you should pay attention to regional legal norms. Download for viewing and printing: Federal Law “On Guardianship and Trusteeship” dated April 24, 2008 N 48-FZ

Collection of necessary documents

Old people who need such assistance must come to the executive body at their location with a statement about the need to formalize social patronage over them. At the same time, the applicant must provide medical documentation confirming poor health.
Important! You can come on your own or with someone else's mediation (by proxy). After this, an application from a person who is not against becoming an assistant, as well as an agreement plan, is submitted to the same executive body. It will have to be signed by the assistant and his ward. The patron will also need certificates from drug, psycho, and tuberculosis dispensaries.

Attention! Certificates must confirm

  • absence of mental illness, drug addiction and tuberculosis.
  • positive data from place of residence, work/study;
  • a positive medical report on the state of health that allows you to care for someone else other than yourself;
  • acts indicating the availability of living space in use or ownership. Since most often the ward lives with a guardian.

Regional legislation may provide for other information that must be provided to the executive body.

Establishment of guardianship

If, based on the results of studying the application and package of documents, the guardianship authority comes to the conclusion that there are no grounds for obtaining social protection, the applicant is sent a corresponding notification.
If by this time an application from a potential guardian has been submitted, he will also be notified. If there are justifications for the appointment of social protection, a written order on its establishment is prepared. A copy of this order is sent to:

  • the applicant;
  • future assistant.

After which the latter sign the type of agreement they have chosen, which determines their legal status. An assistant must be appointed within a period of no more than 1 month from the day the executive body was notified of the need for guardianship.

Basic terms

According to current regulatory documents, the concept of “guardianship” is characterized as one of the forms of protecting the rights of a citizen with the participation of third parties.

Guardians are given the opportunity to represent the rights of the ward, and they are also subject to obligations to provide for the citizen over whom guardianship has been established.

Guardianship can be issued both to a specific individual and to special organizations that provide care for the elderly for a certain monetary reward.

Initially, it is recommended to learn two basic concepts that will make it easier to familiarize yourself with legislative documents.

They are shown in the table below.

TermDescription
Senior citizenAn individual who has reached the age of 80. While the status of “elderly” is assigned to citizens who have reached 60 years of age, and persons over 90 years of age are long-livers
IncapacityLoss of ability to independently serve one's needs and make decisions

There are two forms of establishing guardianship for citizens over 80 years of age.

These are:

  • Full guardianship is established if an elderly citizen has mental disorders. In this state, they are not able to realize what is happening around them, what actions they are doing and what consequences this can lead to. The court deprives such persons of their civil rights by establishing guardianship;
  • Patronage is prescribed for citizens who have a serious physical condition, which does not allow them to independently provide for their own life activities.


Before formalizing guardianship of an elderly person, you need to assess your moral, volitional, psychological and physical strength, since caring for an elderly person over 80 years of age requires a significant expenditure of effort and nerves.

How do guardianship authorities check a guardian?

After establishing incapacity and registering guardianship, the trustee will have to provide housing to check the living conditions and maintenance of the ward.

Control is carried out in accordance with the Rules approved by the Decree of the Government of the Russian Federation of November 17, 2010 No. 927 with the following frequency:

  • Once during the first month after signing the contract;
  • Every 3 months during the first year;
  • From the second year - every 6 months.

During the inspection, POiP employees find out in what conditions the ward lives, how the representative manages his property and fulfills his duties. If there are serious violations, the contract with the trustee may be terminated and the trustee may be required to compensate for the harm caused to the ward by guilty actions.

Rights and responsibilities of a guardian

The guardian has the right to dispose of the ward’s property in his interests: sell, change with the written permission of the OOiP. If there is a paid guardianship agreement, he receives up to 5% of the income from the rental property.

Responsibilities include:

  • Ensuring the safety of property;
  • Protecting the interests of the ward before organizations and other citizens;
  • Control of income of the ward;
  • Providing the ward with food and care.

Important! Failure of the representative to comply with his duties is grounds for the annulment of the guardianship agreement.

Who is under guardianship?

According to current legislation, the appointment of a guardian is possible for persons who have the following disabilities:

  • Mental disorders - established only if the elderly person is unable to independently make adequate decisions and control their actions;
  • The physical state of health does not allow one to function independently and requires the help of third parties.

The person under guardianship is not deprived of legal capacity. The powers of guardians are determined on the basis of the factor by which social protection is established.

Differences between full guardianship and social protection

A guardian of people of respectable age, without the ability to bear his civil obligations, has fairly broad powers.
Since a person who is incapable of civil law is not able to personally exercise his rights. All powers belonging to him are performed by his guardian. The person who has taken guardianship of an elderly person has the right to live with him or her separately. When living together, most often the old man moves into the guardian’s home. It may be the other way around - with the permission of the authorized body (this happens when the guardian does not have housing where the ward lives).

Guardians of civilly incapable persons can enter into a variety of legal relationships on their behalf and make transactions in their interests without a power of attorney.

Attention! All social benefits due to the ward are transferred to the guardian’s bank account. Guardians use this money in the interests of the elderly without obtaining the consent of the authorities.

An expense report is prepared every year. The guardian has the right to dispose of the property of the ward only in the interests of the first and after the approval of the executive body.

In patronage, the rights and obligations of the accomplice and the person of respectable age are regulated in detail by an agreement concluded between them. This may be a trust property management agreement, instructions or other agreement.

The responsibilities of a nursing assistant include:

  • execution of orders of the ward - both household and legal;
  • notifying the ward about the completion of his tasks;
  • management of the ward’s property for his benefit (renting, etc.).

To avoid disagreements, it is necessary to reflect in as much detail as possible the responsibilities of the assistant in the agreement with the elderly person.

It is worth specifying:

  • what kind of housekeeping assistance should be provided to the assistant;
  • in what volume and with what frequency;
  • where the ward will live all this time and much more.

The assistant has the right to claim compensation for his expenses incurred in providing assistance to an elderly person. Therefore, the contract may also provide for the right to remuneration for their services paid to the ward.

Important! The patronage assistant is not entitled to any payments from the budget.

An elderly person's assistant is not the legal heir of the person under guardianship. Only if it is mentioned in the will.

The law imposes an obligation on the guardianship authority to monitor the activities of the assistant. Identified violations may be the reason for termination of the agreement. If a contract of agency has been chosen to formalize the relationship, each party has the right to terminate it at any time.

Criteria for a guardian of an elderly person over 80 years of age

The right to act as a guardian of a pensioner is granted to relatives or any other citizens. However, it must comply with the requirements defined by current regulatory documents.

In most cases, children establish guardianship over their parents, but only upon reaching the age of eighteen and having full legal capacity.

Each candidate for guardianship must meet the following requirements:

  • Have a level of earnings not less than that established by legislative documents, which will need to be officially confirmed;
  • Reach the age of majority;
  • Have his own living space (even if he plans to live together with the ward);
  • Have a certificate of absence of mental disorders;
  • Be fully competent;
  • Obtain permission for guardianship;
  • If the ward has legal capacity, then it will be necessary to obtain his consent to establish guardianship in writing;
  • Have an official place of employment;
  • No criminal record;
  • No alcohol or drug addiction;
  • Do not have serious pathologies (malignant tumors of stages 3 and 4, tuberculosis).


In addition, each candidate guardian must undergo special training courses.

Procedure for issuing a guardianship permit

The algorithm of actions for registering guardianship is clearly regulated by Russian legislation. Sequence of steps:

  1. Determine the need for guardianship. Perhaps the ward himself or his relative will come up with such an initiative. The second option is for the court to make a decision on the need to provide the person under guardianship with round-the-clock assistance.
  2. Collect the necessary package of documents, depending on the upcoming type of guardianship. Come to a social institution in person to write an application and submit documents.
  3. Submit an application to the guardianship authorities for the registration of an elderly ward and submit the collected papers to the social service employees. Both parties to the agreement must write statements: the trustee and the ward. If the court has declared an elderly person mentally incompetent, then the appeal is written by the next of kin.
  4. Wait for the results of checking the documents provided, studying all the characteristics of the future guardian (place of work, salary, living conditions, moral qualities). This takes no more than 1 week.
  5. After this, the employees of the guardianship commission draw up a report on the examination and its result.
  6. The Guardianship Council reviews the documents and the examination report, on the basis of which it makes a decision on whether to allow the applicant guardianship (of one type or another).

From the moment the package of documents is submitted until the guardianship authorities approve the upcoming patronage, no more than 15 days pass.

How much do carers pay for an elderly person?

The establishment of guardianship is carried out in the form of social protection if the warded citizen is recognized as having lost his legal capacity.

In addition to the fact that guardians are given the right to represent their wards, they can fully receive benefits from the Social Insurance Fund.

You can receive payments from the Social Insurance Fund only if the guardian is legally capable and able to work due to age, but does not carry out official work activities due to caring for the ward.

The period of caring for an elderly person over 80 years of age is fully taken into account when determining the length of service.

For citizens over whom patronage is issued, an additional payment from the Pension Fund of the Russian Federation is assigned in the amount of 1,200 rubles. It is appointed to pay for guardianship services.

And when guardianship is established over an incapacitated elderly person, a payment of 1,200 rubles is assigned, which the guardian receives from the Social Insurance Fund.

After social protection is issued, all rights and interests of an elderly person over 80 years of age are represented by a guardian. Also, he is endowed with the rights to dispose of the funds of his ward, but exclusively in the interests of the latter.

In addition, guardianship involves paying the following expenses of the elderly:

  • Payment of housing and utility bills;
  • Purchase of food and non-food products, medicines, clothing, etc.

It is important to understand that state law does not specify any payment for guardianship or patronage. However, the ward can sign an agreement on voluntary payment for the services of the guardian.


The ward can sign an agreement on voluntary payment for the services of the guardian.

What are the pros and cons

When arranging guardianship for elderly loved ones, you need to weigh all the pros and cons.

Main disadvantages:

  • high level of responsibility;
  • regular checks from the guardianship department;
  • the need for annual submission of a guardian's report;
  • the need to care for a disabled person;
  • regular need to visit government agencies (social security, hospital, guardianship department).

Main advantages:

  1. Confidence in proper care for an elderly relative . Government agencies often provide extremely low levels of care.
  2. Receiving remuneration or compensation . Although the amount is small, it is an additional contribution to the budget.
  3. Obtaining experience . If a citizen is not employed, he can register with the Pension Fund of the Russian Federation. The guardian is accrued seniority.

Responsibilities of a Guardian

Initially, you need to understand that establishing guardianship is voluntary and is a right, not an obligation. No one has the right to force guardianship.

And the registration process itself is quite long, which requires patience and adherence to the rules.

The legislation defines the following obligations that guardians must fulfill:

  • Support an elderly person over 80 years of age;
  • Pay housing and utility bills for the person under guardianship;
  • Caring for the elderly;
  • Provide timely treatment for the patient;
  • Protect the personal and property rights of the ward;
  • Make decisions on behalf of the elderly regarding his life.

Can a pensioner take guardianship of a minor and what benefits are he entitled to?

These conditions are basic and they do not contain restrictions on the guardian’s age, social status or any other characteristic. The establishment of such restrictions would mean discrimination on one or another basis, which is unacceptable and contrary to the fundamental norms of the Constitution of the Russian Federation.

  • the person must not suffer from a mental illness or be deprived of legal capacity by a court. It is obvious that raising a child as a mentally disabled person can create a serious threat. Therefore, such circumstances are always checked very carefully;
  • applicants should not be deprived of parental rights or have their parental rights limited. Such persons have already committed an inappropriate attitude towards raising their own children. Therefore, placing the child in his custody cannot serve her purposes;
  • persons who were previously adoptive parents but were deprived of this status due to improper performance of their duties cannot become guardians.

Under what conditions is patronage issued?

The Civil Code of the Russian Federation regulates the rules that must be observed when establishing social protection over elderly citizens.

These are:

  • An individual who seeks assistance from third parties must not have mental disorders. This is due to the fact that in case of mental disorders, full guardianship is established;
  • The candidate for ward and the patron (assistant) himself must give written consent to patronage;
  • It is not allowed to establish patronage for social welfare workers who help elderly people over 80 years old at home;
  • The right to become an accomplice is granted to a relative or third parties;
  • Various agreements are concluded between both parties: agency agreements, assignments, trusts for property management.


The Civil Code of the Russian Federation regulates the rules that must be followed when establishing social protection over elderly citizens

Legislation

Guardianship over an elderly person is established by the guardianship authority in the same way as over a minor child.

It is important to know how to obtain guardianship over your grandmother. This procedure is regulated by the Civil Code.

Based on it, two possible options for registering guardianship are provided:

  • patronage;
  • full custody.

Patronage is necessary in cases where an elderly person, due to his physical health, is not able to represent his interests in various organizations and government bodies.

Registration of patronage gives the right to a relative to help realize the rights of a senior citizen in various forms . At the same time, the pensioner himself is not recognized as completely incompetent.

Full guardianship is exercised over a relative who, due to a mental disorder, cannot fully understand his actions and their consequences, and cannot always control them.

Such a citizen is legally incompetent and must be recognized as such in court . Only after a person’s incapacity has been officially established will his relative be able to obtain guardianship over him.

When applying for full guardianship, you need to be sure that the person is really ready to fully carry out all actions for the person under guardianship. Such a citizen is completely deprived of the right to represent his interests and defend his rights.

The guardian will be required to perform all actions in the interests of the ward, including:

  • manage the pension and other government payments that are due to this citizen;
  • pay utility bills for it;
  • buy necessary food products and goods for a citizen to live in normal conditions;
  • buy clothes and other necessary things.

These responsibilities are completely similar to those performed when registering guardianship over minor children.

Conditions

It is imperative not only to have the desire and need to obtain guardianship, but it is important to know how to take guardianship of a grandmother and what conditions must be met.

If patronage is issued, the conditions will be as follows:

  1. The person who will receive patronage does not have mental disorders and is legally competent. A citizen’s health problems lie in the fact that it is physically difficult for him to visit various organizations.
  2. The procedure for establishing patronage is possible only with the consent of both citizens, both the ward and the future guardian, who is otherwise called an assistant.
  3. An assistant cannot be a social security employee who is assigned to help him with housework.
  4. Not only relatives, but also non-relatives can apply for patronage.
  5. A certain agreement is concluded between an elderly person and his assistant, on the basis of which the rights and responsibilities of this assistant are determined. It can be drawn up in the form of an agency agreement, a mandate agreement, or a trust management agreement.
  6. Patronage is issued to disabled people who need it, but on the condition that the disability itself is not associated with mental disorders.

If a person has diseases associated with a mental disorder, and also cannot independently control his actions, then he cannot be assigned patronage. Such a person needs a guardian.

Therefore, the main condition in this case will be the recognition of the elderly citizen as legally incompetent. To obtain full guardianship, a court decision is required.

This condition is due to the fact that the rights of a citizen are transferred completely under the protection of a guardian. And it is on this that the pensioner’s further comfortable living conditions depend.

As a general rule, with full guardianship, both citizens can live either together or separately. For a guardian to live free of charge in the ward's apartment, permission from the guardianship authorities is required.

And if the ward moves to live in an apartment with his guardian, permission from no one is required.

Requirements for guardians are also established . If an applicant wishing to take guardianship of an elderly person does not meet these requirements, then the guardianship authorities will be forced to refuse to appoint guardianship.

These requirements include the following:

  • reaching adulthood;
  • no criminal record;
  • having full legal capacity;
  • persons who have not been deprived of parental rights.

Only if the guardian meets all these requirements can he be appointed by the guardianship authorities.

How can a pensioner turn 80 apply for guardianship?

Before arranging guardianship for a person of retirement age, it is recommended that you familiarize yourself with the legislative part of this issue, as well as adequately assess your capabilities.

Each candidate must meet a certain list of requirements that are established in federal regulations.

Relationship is not a determining factor in the appointment of guardianship. Complete strangers can also receive this status if they wish.

The main features of guardianship for elderly people over 80 years of age are given below:

  • The guardian may be officially unemployed in order to devote full time to the ward. However, the caregiver must be of working age;
  • The full period of caring for the elderly is recorded in the official work experience;
  • If the guardian is not employed, then he receives payments from the Social Insurance Fund for caring for the elderly.

Why do they refuse?

Payment will be denied if you work or are engaged in any activity that is included in the insurance period. You cannot claim payment if you are receiving unemployment compensation. The pensioner will also not be able to care for anyone and receive this subsidy, since he is already receiving a pension.

IMPORTANT!

The rules for processing payments have an important condition: if you got a job or received a one-time remuneration, notify the Pension Fund employee about this within 5 days. In case of permanent income, the payment will be withdrawn from you, and if the income is one-time - only for the month in which it was received.

List of documents

Each candidate for guardianship will need to fill out an application in a certain form - download link.

Then submit it to the local Department of Social Protection of the Population with the following list of papers:

  • Applicant's passport (original and photocopy);
  • Bilateral agreement;
  • Certificates about the health status of each of the parties to the agreement (guardian and ward);
  • A written description from the place of employment of the candidate for guardianship;
  • Work book (original and photocopy);
  • An extract from the house register, which confirms ownership of the living space;
  • Certificate of registration at the place of residence;
  • Conclusion based on the results of an examination of the guardian’s place of residence (two copies).


Documents for guardianship

How to make an application?

The application form must be filled out directly by the candidate for trustee.

The following information must be included in the document:

  • Full name of the guardian;
  • Passport details;
  • Time limits for establishing guardianship;
  • Conditions of detention of the ward;
  • List of attached documents.


Application for guardianship

Registration of patronage is carried out according to a similar scheme, and the existence of an agreement with the conditions for the provision of such a service is additionally prescribed.


Application for establishment of patronage


Agreement on trust management of property of a citizen under patronage

Registration procedure

The procedure for obtaining guardianship over a mother takes a long time:

  1. Obtaining an ITU opinion . You must first pass a medical examination and sign up for a commission at the district office. By decision of the commission, a conclusion is issued about the presence of a mental illness, and a disability is assigned. Based on documents that a citizen cannot understand the consequences of his actions, he will need to go to court. The process can take from 3 to 6 months.
  2. Going to court . The legal process can be initiated by the guardianship department or relatives. During the process, you must present medical documentation and an ITU report. After the court decision enters into legal force, guardianship may be appointed over the incompetent person. The procedure takes from 2 to 3 months.
  3. Registration of guardianship . The applicant applies to the guardianship department at the place of residence of the incapacitated person. He submits an application and personal documents. After which, he is appointed as the representative of the elderly person. The process takes no more than 30 days.

The law provides for the possibility of appointing one or more guardians. If a citizen needs two or more representatives, guardians must stipulate the list of powers of each of them and approve them in the guardianship department. For example, one deals with property issues, the second with cleaning, and the third with care.

Algorithm of actions

The procedure for registering guardianship over elderly people is established by Government Resolution No. 927 of 2010.

Algorithm of actions:

  1. Collection of documents.
  2. Obtaining a conclusion.
  3. Contact the guardianship department.
  4. Submitting an application.
  5. Appointment of guardianship.

Contacting the guardianship department

Let's consider where to obtain guardianship for the elderly. The citizen must contact the guardianship department at the place of registration of the incapacitated citizen.

Responsibility for an adult incompetent person is assigned by the court to the guardianship department at the place where the court decision was made.

You must first confirm your appointment time with a specialist. An employee of the guardianship department will conduct a consultation, provide a list of documents and order information that should be received as part of interdepartmental interaction.

Application for guardianship

You can apply for guardianship of your grandmother:

  • directly to the guardianship department;
  • using an electronic document (through State Services);
  • through the MFC (if an agreement has been concluded between the district administration and the center.

The citizen independently chooses where to apply. However, the easiest option is to contact the guardianship department in person. A specialist will immediately check all documents and give advice on correcting violations.

Let's look at how to fill out the application correctly:

  • name of the district administration;
  • FULL NAME. head of administration;
  • applicant's details (full name, address, passport details);
  • document's name;
  • information about the potential ward;
  • details of the document on recognition of incapacity;
  • information about the presence/absence of family ties;
  • data on cohabitation;
  • request for guardianship;
  • date and signature.

Sample application for guardianship of a senior citizen

Resolution on appointment of guardianship

Let's consider what gives a guardian the right to represent the interests of a pensioner. The main document confirming authority is the decision on the appointment of guardianship.

A resolution on the appointment of guardianship is an act of a local government body. It is drawn up in writing and contains the personal signature of the head of the local administration or his deputy. The form has an issue date and serial number. Information about all decisions is entered into a special journal.

The document does not contain an expiration date. The law establishes the following reasons for termination of the resolution:

  • death of a guardian or ward;
  • restoration of legal capacity in court;
  • refusal of the guardian to responsibilities;
  • removal of a representative by decision of the guardianship department.

Who controls the fulfillment of the conditions?

State guardianship authorities undertake to monitor the activities of the guardian in relation to his ward.

It is within the competence of government agency employees to visit and talk with the pensioner, as well as request reporting on the funds spent.

According to current legislation, a guardian does not have the right to use the ward’s financial savings for personal purposes. If misconduct is discovered, the guardian is deprived of his status without the possibility of ever becoming a trustee.

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.

Forms and types of guardianship

There can be several types:

  • patronage or partial guardianship. It is prescribed to those old people who can partially take care of themselves and do simple things. They just need some extra help with some things. The assistant comes at a certain time and helps the senior citizen lead a normal life;
  • full custody. It is appointed by the court if the old man has lost his legal capacity, cannot live alone, take care of himself, or maintain health and a normal lifestyle.

A guardian is not just a housekeeper! This is a person who is responsible for his ward. In addition, you need to have sufficient physical strength, psychological preparation, and moral endurance.

Video assistant for those wishing to provide care

Do you want to take care of a loved one or loved one, and do it legally? In the video you will learn in detail about how guardianship is carried out, what types of guardianship exist and what you need to do to become a guardian. In order to carry out guardianship, you need not only to fill out the documents correctly, prepare the legal side of the issue and resolve all the paperwork quickly. It is important to understand that you are taking care of a person who needs outside help and is now practically an “adult child.”

Reasons for reversing a guardianship decision

The decision to cancel guardianship of an elderly person also happens quite often and not only in the event of the death of the ward, but also:

  • If the guardian fails to fulfill his immediate duties. Failure to comply can be reported by the guardian himself, as well as the reluctance of further guardianship, or by attracting witnesses with further verification of the guardianship authorities and issuing an appropriate verdict.
  • If the guardian misuses the personal funds of an elderly person or fails to provide supporting documents about the expenses incurred for the ward.
  • In case of other violations that, in accordance with the law, do not give further rights to guardianship of this person.

Payments and benefits

How much does it cost to “work” as a guardian? Additional payments will be assigned to the assistant only if he does not have any income. That is, he does not officially work, does not receive benefits from the central bank, he has a pension or scholarship, dividends and income from the activities of an individual entrepreneur. The benefit amount will be 1,200 rubles per month. Funds will be paid from the Social Insurance Fund or Pension Fund. If there is income, they will not pay.

There are no additional benefits provided to helpers of the elderly. They travel on public transport for a fee, buy medicines at full cost, and pay utilities in full. The state does not show additional concern for this category of persons.

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