Can a ward refuse a guardian: how to do it, reasons, consequences

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Guardianship and trusteeship

In accordance with Russian civil law, guardianship may be established over minors and incapacitated persons. No one can be forcibly appointed as a guardian, since the appointment of guardianship is established only voluntarily.

Guardians can be both relatives and strangers, strangers to the person under guardianship. In practice, there are situations when the guardian cannot get along with the ward because there are significant differences. Can a ward refuse a guardian and what are the consequences for both parties?

Refusal of guardianship

All issues related to guardianship are regulated and enshrined in Federal Law No. 48 of April 24, 2008 “On guardianship and trusteeship.” The law stipulates that the main objectives of guardianship are the protection of rights, as well as the provision of a decent standard of living for warded citizens. In practice, the guardian does not always act in the interests of the ward . Can a ward file a complaint against the person providing guardianship to the relevant authorities?

The Federal Law “On Guardianship and Trusteeship” provides for cases when guardianship can be terminated:

if the guardian or ward has died;
if the validity period of the act granting a certain person the rights of a trustee has expired;
if the trustee is removed by the relevant authorities and cannot continue to fulfill his duties in relation to a minor or incapacitated citizen;
if the minor has reached 14 years of age, then guardianship becomes trusteeship;
if the ward was declared fully capable by a court decision.

Important! The law states that a guardian has the right to voluntarily relinquish guardianship.
But in some cases, it is possible to forcefully remove the person holding the guardianship.

Appeal procedure

There are 2 ways to appeal a government decision. They are elected at the discretion of the applicant.

Extrajudicial method. A complaint is filed with a higher authority. You can find out where to contact in each specific case on the official websites of local administrations.
A lawsuit.

The subject of appeal may be:

violation of deadlines for registering an application;
violation of the procedure for providing services;
requesting documents not provided for by law;
refusal to accept an application for reasons that remained unknown to the citizen;
unmotivated refusal to provide a service.

The complaint should set out the circumstances of the case, the documentary basis of the problem, what decisions of the authorities are being appealed and why the applicant believes that his rights have been violated.

What could be the reasons

The relevant authorities can remove the person providing guardianship from his duties if the need for guardianship has disappeared (for example, a parent has been restored to parental rights and took the child to himself or an incapacitated person has become legally capable).

Federal Law No. 48 provides for situations when removal is possible:

if there are contradictions between the parties;
in cases of improper performance by the guardian of his duties;
in case of violation of the rights of the ward;
if the person vested with the right of guardianship does not comply with the rules for protecting the property of the ward or arbitrarily disposes of his property.

The right of a ward to refuse a guardian is not directly established at the legislative level. However, in case of violations on the part of the trustee or disagreements, the ward has the right to apply to the guardianship and trusteeship authorities with an application to change the guardian.

It should be noted that the ward is obliged to prove the guilt of the guardian and justify what exactly does not suit him. If the person exercising guardianship beats, humiliates, or insults the ward, you can record all his unlawful actions on a voice recorder or on camera. It will be good if the violations can be confirmed by other people (neighbors, acquaintances, teachers).

What other facts can be considered as improper upbringing and violation of the rights of the ward:

Commission of crime;
alcohol abuse;
addiction;
antisocial lifestyle;
involvement of the ward in committing offenses or crimes;
Waste of guardianship payments for one's own needs;
damage or sale of the ward’s property;
violation of the interests of a minor or incompetent person.

Attention! You cannot ask to change your guardian without good reason, based solely on personal animosity.

Guardianship ban

Here is a list of those who are prohibited from being guardians of children:

deprived of parental rights;
convicted under articles for causing harm to health or life, sexual integrity, kidnapping, as well as under serious and especially serious articles;
who have not been trained to be appointed as a guardian;
those in same-sex marriage or cohabitation (even if they are citizens of a state where such marriages are allowed);
chronic alcoholics, substance abusers or drug addicts;
former adoptive parents, guardians, if their guardianship or adoption was terminated.

Decree of the Government of the Russian Federation No. 117 of February 14, 2013 defines diseases that exclude guardianship: Diseases that exclude appointment as a guardian

pulmonary tuberculosis of groups 1 and 2;
untreated infection;
cancer stages 3 and 4 or stages 1 and 2 if surgery was not performed;
mental disorders;
disability group 1.

These two concepts are used in everyday life without distinction, but legally they are different concepts with non-identical functions, rights and responsibilities.

Fundamental differences:

Guardianship is granted to children under 14 years of age who are considered incompetent citizens. The caregiver observes and corrects the behavior of adolescents from 14 to 18 years old;
The guardian acts on behalf of the ward, but without the right to make large financial transactions or dispose of real estate. The trustee can only advise;
under guardianship, a person bears full responsibility for the actions of his ward;
It is mandatory for the guardian and the ward to live together.

In fact, the guardian takes on the responsibilities of a parent, raises the child, protects him, decides for him who to be friends with, where to go to study. He has more rights than a trustee, but no less difficulties.

In practice, conflicts can take life-threatening forms. Constant scandals, intolerance and the inability to reach an agreement call into question the continued performance of the guardian’s duties.

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How to issue a refusal

To refuse a guardian, it is necessary to draw up a special act, which is filled out by the guardianship and trusteeship. The suspended person has the right to appeal the drawn up act, but only in court.

At the time of removal from the duties of a guardian, the ward at this time is placed in a rehabilitation center, where he will be under the supervision of specialists and await the appointment of a new guardian.

A person removed from guardianship is required to submit a written report to the appropriate authorities on the necessary information related to the property status of the ward. This report must be submitted within three days.

If it is revealed that the actions of a person removed from guardianship contain signs of an administrative offense or a criminal offense, then guardianship and trusteeship officials are required to write a statement to the police regarding the violations identified.

It is also useful to read: Guardianship of an elderly person over 80 years of age

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What could be the consequences?

After removal from guardianship duties, a person loses the status of a guardian. Along with the status, the person ceases to receive guardianship payments, and certain benefits intended for guardian citizens cease to apply. Such a person will no longer be able to use the ward’s property or live in his apartment.

If it is established that, while in the status of a guardian, a person received guardianship payments and spent at his own discretion, but not on the ward, the court may decide to recover from the person the necessary amount he once spent .

If the suspension was related to an offense or crime, the person will be subject to administrative or criminal liability. In the future, such a person will not be able to adopt a child, provide guardianship, or become a foster parent.