From this article you will learn:
- What does the Civil Code of the Russian Federation say about guardianship of older people?
- What does guardianship of an elderly person provide?
- How to obtain guardianship over an incapacitated elderly person
- How to obtain guardianship over mother or father
- What documents are needed to register guardianship of an elderly person in the form of patronage?
- How much do they pay for guardianship of elderly people?
In old age, it is more difficult for a person to satisfy his needs and take care of himself. Often, guardianship over an elderly person is the only way out that allows relatives and caring people to take care of the pensioner. We will consider below how the relationship between a guardian and an elderly person is formalized and what is required to comply with legal norms.
Who cares for an elderly person
Decree of the President of the Russian Federation No. 1455 answers the question of who can care for an 80-year-old pensioner and receive benefits:
- unemployed and not receiving unemployment compensation, i.e. citizens who are not registered with employment centers;
- students - the scholarship in this case is not accepted as income, since insurance premiums are not paid from it;
- minors - in order to apply for benefits, they must provide the Pension Fund with parental consent and permission from the guardianship authorities.
It does not matter what kind of relationship the caregiver has with the ward: social services can be issued in relation to both a relative and a complete stranger. Decree of the President of the Russian Federation No. 1455 establishes how many people can be cared for for an elderly person over 80 years old - one caring citizen is entitled to a separate payment for each disabled citizen for whom he is caring. That is, for looking after one elderly person, only one caretaker receives a payment, while several elderly people have the right to be in the care of the same person, and he has the right to receive a payment for each one.
The payment period is the entire period while the elderly person needs care, provided that the caretaker does not go to work.
What benefits can a guardian receive?
Unlike guardians of children, persons guarding incapacitated elderly citizens have the right to receive only 5% of the latter’s income, as well as receive benefits for caring for the elderly or disabled people of group 1. No other payments are provided.
Regions may establish other benefits:
- For payment of transport tax (full or partial exemption);
- Discounts on notary services;
- Free travel to and from the sanatorium with the ward.
Details must be obtained from Social Security at your place of residence.
How to arrange patronage for an elderly pensioner
To apply for a benefit for caring for an 80-year-old pensioner, you must contact the Pension Fund at the place of registration of the elderly person - where he receives his pension. The money is transferred along with the pension, the recipient is your ward. He himself will transfer this amount to you in full or part of it - as you agree.
What documents are needed
A package of documents must be provided to the Pension Fund on behalf of the person who is going to provide care, and on behalf of the elderly person himself. Usually the ward and the trustee come to the Pension Fund together.
To receive benefits, the following documents are provided to the Pension Fund:
- a statement from the trustee indicating the place of residence and the start date of care;
- passport;
- the pensioner’s statement of consent to be looked after by the person arranging patronage;
- documents confirming that the potential trustee does not work or receive income.
Additionally you will need:
- consent of the parents and the guardianship authority, if a minor under 14 years of age is going to provide care, a birth or adoption certificate;
- a confirmation certificate from the university about full-time study, if the caregiver is a student.
Where to submit documents
There are several options for how to apply for benefits:
- come directly to the Pension Fund branch and submit documents in person;
- take them to the MFC;
- send by mail;
- apply via the Internet.
Thus, the answer to the question whether it is possible to arrange care for an elderly person over 80 years old through the MFC or is it mandatory to appear at the Pension Fund of the Russian Federation - yes, it is possible, the package of documents required is the same, but you will have to wait two working days longer for an answer - for some time It will take the transfer of the applicant’s papers from the MFC to the Pension Fund and back.
Registration via the Internet involves accessing the official website of the Pension Fund of the Russian Federation.
An important question: how to apply for benefits for caring for an elderly person over 80 years of age through State Services and is this allowed at all? On the government services website there is no possibility of submitting documents for this payment, but to enter the personal account of the Pension Fund of the Russian Federation, you need an account from the unified government services portal - this is a unified system of government websites. Moreover, users of the single portal have the opportunity to easily go to the Pension Fund website. Just go to the PFR page on the State, in the “Website” line, click “Go”.
Thus, the instructions on how to arrange care for an elderly person after 80 years of age through State Services are as follows:
Step 1. Go to the Pension Fund page and go to the fund’s own website.
Step 2. On the Pension Fund website, log into your personal account using the credentials of the State Services website.
Step 3. In your personal account, find the “Social benefits” section and the required benefit.
Step 4. Fill out the proposed form and submit documents, following the instructions of the site.
Some fields of the questionnaire are filled in automatically - the system itself transfers into them all the necessary information about the user, which is available in the database of government services and the Pension Fund of Russia website. The user will need the same documents as for in-person submission, and registration through the State Services for caring for a pensioner over 80 years old will not take much effort and time.
What payments are due and in what amount?
Payment is calculated from the month when the person applied for it to the Pension Fund. The application is considered within 10 days, the benefit is 1,200 rubles, the amount of the benefit for caring for an elderly person over 80 years of age remains unchanged in 2021. At the same time, in connection with the coronavirus, during its first wave, by decree of the Russian government, additional measures were introduced to support people who took care of elderly people in need of care, but these measures were temporary and are no longer in effect.
Find out for free in ConsultantPlus what payments you can receive during the coronavirus period and what you need to do for this. The experts have prepared instructions and samples of all the documents that will be needed.
How is incapacity to establish guardianship removed?
To obtain guardianship over an elderly person, one must be deprived of legal capacity through the court.
Without this, only patronage is possible. Deprivation or limitation of legal capacity is permitted at the request of POiP, relatives, spouses, social and medical workers. What the procedure looks like step by step:
- The initiator submits an application to declare the citizen incompetent. A citizen suffering from mental disorders cannot go to court.
- At the preliminary hearing, the judge orders a medical examination. If the person being examined refuses, the examination, as determined by the court, is carried out forcibly.
- The case is considered taking into account the medical report and other evidence indicating incapacity.
- A court decision is made.
The decision takes effect after 30 days. During this time, a citizen declared incompetent, or another person, has the right to challenge it. Afterwards, the decision is sent to the OOiP for the appointment of a guardian.
Grounds for declaring a person incompetent
A citizen can be recognized as incompetent or partially capable through a court if he has mental illnesses due to which he is not able to be aware of his actions.
Once incapacity is established, a person is deprived of the right to engage in transactions with property. A representative is appointed to manage the assets in the interests of the ward.
Note! Limited legal capacity is established if a citizen has a non-severe mental disorder in which he, with the help of an outsider (guardian), is aware of his actions and can manage property.
Documentation
When going to court you will need:
- Statement;
- Receipt for payment of state duty;
- Documents confirming relationship;
- Passports of the applicant and the person deprived of legal capacity;
- Medical certificates.
Everything is provided in originals. Copies are made of them, after which the documents are returned to the applicant.
State duty
For consideration of a case of deprivation of legal capacity, a state fee of 300 rubles is paid.
Where to contact?
Documents are submitted to the court at the place of residence or treatment by the person declared incompetent.
Application to court
The application is filled out in accordance with the standards established by the Code of Civil Procedure and must contain comprehensive data:
- Full name, registration address, telephone number of the applicant;
- Full name, place of residence of the person deprived of legal capacity;
- Information about family relationships, details of supporting documents;
- Description of facts indicating mental illness;
- Please recognize the citizen as partially or completely incompetent.
At the end, the signature of the attached documents is indicated and a signature is placed.
Sample application to the court to recognize a citizen as incompetent:
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.
Circumstances taken into account when applying for social protection
Civil legislation establishes conditions that must be observed when establishing patronage over citizens of respectable age. These include:
- the person in need of outside assistance must not have mental disabilities. Otherwise, full guardianship is issued;
- consent of the parties is required;
- employees of social security bodies providing home-based services to pensioners do not have the right to act as accomplices;
- the parties may not be related, however, most often such obligations are acquired by relatives;
- a number of contracts are concluded between persons designed to protect the rights and interests of the accomplice and the ward.
Social assistance can be established for incapacitated people if their condition is in no way connected with mental defects.
The rights acquired by guardians, as well as the procedure for payment due to them for the provision of services to the elderly, are reflected in the current legal regulations. Particular attention should be paid to the Civil Code of the Russian Federation, as well as the Federal Law “On Guardianship and Trusteeship”. In addition, it is necessary to familiarize yourself with the aspects reflected in the legislation of the constituent entities of the Russian Federation.
Guardianship of a bedridden patient
The inability to move independently makes a person’s life much more difficult. The law provides for the possibility of providing assistance to such citizens.
Depending on the situation, the following may be prescribed:
- Guardianship . If the patient not only does not have the ability to move, but also does not realize the consequences of his actions.
Example . Irina, 28 years old, was disabled from childhood due to illness. Due to mental illness, she was deprived of legal capacity. The initiator of the process was the medical organization where the woman was being treated. Irina lost the opportunity to independently represent her interests in government bodies, in court, receive a pension and manage it. The woman needs the appointment of a guardian.
- Patronage . If the person is of sound mind, but cannot move independently.
Example . Victoria, 56 years old, lived with her daughter and granddaughter. Due to diabetes, the woman's legs failed. She was fully aware of the consequences of her actions, but could only get around using a wheelchair. Since the woman needed constant outside care, a social worker was assigned to her. However, Victoria retained her legal capacity, received her pension independently and managed it.
The example considers patronage support for a citizen who cannot move. In such a situation, a guardianship appointment is not required.
In order to appoint guardianship over a bedridden patient, it will be necessary to first deprive him of his legal capacity. The issue will be resolved in court. The plaintiff's demands will be satisfied if there is an appropriate medical expert opinion.
Requirements for a candidate guardian
Since the ward cannot take care of himself, the guardian must be a person of high moral standing.
In addition, the law imposes the following requirements on candidates:
- presence of Russian citizenship;
- availability of legal capacity;
- availability of living space;
- no criminal record;
- having a permanent income;
- absence of diseases provided for by Decree of the Government of the Russian Federation of 2013 No. 117.
In addition, the law imposes a ban on citizens who have previously been deprived of the opportunity to be a guardian, suspended from duties, deprived of parental rights, or have been guilty of reversing an adoption.
Important! The candidate must independently initiate the appointment of guardianship over a bedridden patient. The issue will be resolved exclusively by application. Responsibilities can be assigned to a guardian only with his consent.
Is guardianship always necessary for a bedridden patient?
The inability to move is not a basis for assigning guardianship. A prerequisite is the patient's incapacity.
Expert opinion
Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
Therefore, before contacting the guardianship department in order to obtain guardianship, a citizen must resolve the issue of legal capacity. Since the patient cannot independently appear for the examination, transportation to the examination must be provided by the initiator of the process.
At the court hearing, the issue of appointing a temporary guardian can be additionally resolved. The plaintiff may request that authority be transferred to him before receiving the ruling.
The second situation when a bedridden patient does not need guardianship is the placement of a citizen in an organization. The law provides for the possibility of providing constant outside care for bedridden patients in an inpatient setting.
Moreover, specialists of this institution have the right to initiate the process of deprivation of legal capacity. Guardianship is not assigned to a person placed in an organization.
How to apply for guardianship of a bedridden patient online
In 2021, you can apply for guardianship of a sick relative online. To do this, you must have an authorized personal account on the State Services electronic portal. In regions there are alternative options for regional My Documents portals.
To submit an application you must:
- Log in to the site.
- Go to Service Categories.
- Select the item Issuance of a conclusion on the possibility of being a candidate.
Important! The law does not provide for the possibility of assigning guardianship via the Internet. The only option is to obtain an opinion on the possibility of being a candidate.
The application is completed electronically. Copies of documents must be attached to it.
The original documentation is provided to a specialist from the guardianship department when visiting a home to conduct an inspection of the living space.
Thus, a relative who has lived with a bedridden patient for more than 10 years will not be able to apply for guardianship through State Services. Since registration is carried out on preferential terms.
The result of consideration of the application is issued in the form of a paper document. It can be received by the applicant in person or sent by mail.
