How to become a guardian or trustee of a child from an orphanage or a baby home?

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Guardianship of a minor is a fairly common phenomenon. The reasons are different: someone arranges guardianship over a minor relative whose parents have been deprived of parental rights, someone takes care of an orphan, taking him from an orphanage. Many childless couples take into their family several children left without parental care. But can every citizen become a guardian?

Definition of guardians and trustees

Despite the fact that the concepts of “guardian” and “trustee” are often identified, there are still some differences between them, fixed at the state level.

The guardian is involved in the educational process of children under the age of 14, as well as adolescents and adults whose legal capacity is limited due to various reasons, for example, due to the presence of mental illness. The guardian supports the ward at the expense of financial assistance from the state, or taking into account other possible income of the child, for example, a survivor's pension or alimony payments from biological parents.

With regard to property management issues, the guardian is obliged to carry out any transactions exclusively with the permission of the guardianship authorities. The main task of the guardian will be to control the property interests of the ward, while ensuring that they do not suffer or decrease.

A guardian is appointed for adolescents aged 14 to 18 years. In addition, a guardian can be appointed to adult citizens who have limited legal capacity due to problems with drugs and alcohol.

The trustee primarily performs a supervisory function over his/her wards. In particular, he ensures that the interests of the ward are not violated, and also gives permission to carry out various transactions, but subject to their absolute legality.

Requirements for guardians and trustees

In accordance with current legislation, a guardian and conservator can be appointed only in cases where they meet certain criteria set by the state. We are talking about the full legal capacity of a potential guardian (trustee) and his or her reaching 18 years of age.

At the same time, citizens cannot become guardians (trustees) for the following reasons:

• If a potential candidate has limited or deprived parental rights. However, there are situations when the mother is deprived of parental rights, but the father is not. In such a situation, the father may be appointed as a guardian if he meets all the criteria.
• If the candidate was removed from performing the duties of a guardian (trustee) due to his own fault;
• If the potential guardian has problems with drug or alcohol addiction;
• If the guardian has a criminal record or has been subject to criminal prosecution due to offenses committed;
• If persons who are in a same-sex union, confirmed by the legislation of the country in which the registration took place, are trying to become guardians;
• If the potential trustee suffers from serious illnesses, in particular mental disorders, tuberculosis and other serious infectious diseases. In addition, those citizens who are registered with the state as group I disabled people, or who have had problems with drug addiction, alcoholism and substance abuse, will also be denied.

Selection of guardians and trustees

When choosing a guardian or conservator, many factors are taken into account. In particular, only a person who has reached the age of 18 and has full legal capacity can become a guardian. Preferential rights in the appointment of guardianship are also established for close relatives of the person in respect of whom guardianship is appointed.

At the same time, when choosing a guardian, the following must be taken into account:

• The desire of the child (provided that he is 10 years old) to choose a guardian or trustee;
• The relationship of the potential guardian with the child, as well as the attitude of his family members towards the ward;
• Moral characteristics of a potential guardian and the basis of his behavior in society and within the family;
• The ability of the guardian to fulfill the obligations assumed, namely the ability to find a common language with the ward and the ability to positively influence the development of the individual.

Underwater rocks

Arranging for guardianship is not an easy task.
Potential candidates may face various difficulties:

1. Relatives of a minor may have a better chance of receiving custody. An outsider will need to collect additional documents to prove the possibility of guardianship.
2. After 10 years, the child’s opinion is taken into account. Therefore, the candidate must be on good terms with the minor.
3. Candidates are carefully screened to ensure they meet established requirements.
4. Many applicants do not have sufficient legal knowledge to carry out the procedure.

Data bank of guardians or trustees

Currently, guardianship and guardianship of children is becoming an increasingly popular phenomenon. This is primarily due to changes in the financial situation of families and their ability to support the ward both morally and materially.

In order to be able to quickly place children in foster families, the state created and developed a unified database of guardians and trustees. Having received the consent of the guardian to fulfill his duties, the state can transfer the child into his care.

The database contains information about all persons who are ready to become guardians and trustees, as well as information about persons who have discredited themselves. In particular, if the guardian failed to fulfill the obligations assigned to him and was removed from the performance of guardianship duties, then he will no longer be entrusted with the child. His personal data is placed in a database, and if necessary, upon request, all the necessary information can be obtained in the shortest possible time.

Required documents

If your candidacy nevertheless meets all the requirements of Russian legislation, then now in order to establish guardianship or trusteeship of a child you need to collect the necessary package of documents:

• a certificate from the police that there is no criminal record,
• certificates from work confirming salary amounts,
• from a medical institution about health status,
• marriage registration certificate (if any),
• passport of a citizen of the Russian Federation,
• personal characteristics (biography, level of education, place of work, place of residence, health status, availability of completed courses, etc.),
• you can provide additional characteristics from your employer or neighbors,
• written consent of a child over 10 years old.

Particular attention should be paid to the characteristics, since it will make both an initial impression and will present basic information, which is then verified against other documents. It is important to provide all information correctly, competently and as completely as possible.

Procedure for appointing guardians or trustees

The appointment of a guardian or trustee is regulated in accordance with Article 10 of the Federal Law “On Guardianship and Trusteeship”. In order to assume the rights and responsibilities of a guardian, it is necessary to meet all the criteria that the state imposes on such persons. This is full legal capacity, the ability to positively influence the formation of the child’s personality, the ability to fully fulfill all the obligations of the guardian, not only in terms of material supplies, but also taking into account moral and moral aspects.

If the potential trustee (guardian) has passed due diligence, then he must subsequently provide all information and personal information about himself. Only after this can he be allowed to establish guardianship over the person who needs it.

It is worth paying attention to the fact that the preferential rights of a guardian belong to close relatives (grandparents, parents, spouses, etc.). They are the ones who can establish guardianship or guardianship in the first place. If for some reason this is not possible, then a guardian can be appointed by the competent authorities from among those citizens who are ready to take responsibility.

Inspections by guardianship authorities

According to Art. 8 Federal Law No. 48, guardianship structures are authorized to supervise the activities of entities entrusted with the functions of raising children left without parental supervision.

The inspections are carried out by the body whose competence includes servicing the territory where the minor lives. Officials pay attention to:

• living conditions;
• the appearance of the pupil;
• emotional and physical state of the baby;
• relationships between family members.

Note. PLO employees visit their wards according to the schedule, but if a signal is received about a violation of the law, unscheduled inspections are allowed.

Rights and responsibilities of a guardian (trustee)

The rights and obligations of the guardian and trustees are also established at the highest legislative level. They are determined by the basic provisions of civil legislation.

In accordance with current regulations, the rights and obligations of a guardian, as well as his responsibility, are equal to the responsibility of parents. Thus, there is a delegation of the rights and responsibilities of parents to guardians and trustees with absolute equalization.

In essence, this means that the rights and responsibilities of a guardian in relation to the ward completely duplicate parental responsibilities.

Based on this, the rights and responsibilities of a guardian and trustee are the same as those assigned to the child’s parents. This is the material maintenance of the child, ensuring the satisfaction of all his needs, the educational process and the integration of the child into society, that is, the creation of conditions for the formation of personal development.

If the guardian does not fulfill his obligations, or the quality of their fulfillment is unsatisfactory, then he will be removed from guardianship and will not be able to become a guardian in the future.

Difficulties in obtaining guardianship

In the process of legalizing the relationship between a minor and his future patron, many difficulties may arise. Therefore, before starting registration, you need to thoroughly prepare in several directions - legal, material and psychological.

First, the candidate needs to undergo training, then collect an impressive package of documents, and select a child. The latter, by the way, may complain about his new teacher, which is fraught with many negative consequences for the adult.

Officials will regularly check the living conditions of the ward, providing him with quality food and clothing, and even inquire about his progress at school.

In addition, most of the expenses for the needs of the boy or girl will have to be provided independently, and the expenditure of funds allocated by the state will have to be regularly reported.
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Conditions prohibiting being a guardian or trustee

The state is attentive to the needs of children, and therefore provides for verification of all persons who have expressed a desire to become guardians. Based on the results of this check, the guardianship authorities will determine whether the person can act as a guardian.

In accordance with Art. 35 of the Civil Code of the Russian Federation, citizens cannot become guardians (trustees) for the following reasons:

• If they had experience of guardianship and were deprived of it by a decision of the court or competent authorities;
• If a person is under investigation or criminal proceedings have been carried out against him;
• If the potential guardian himself did not consent to guardianship, or the refusal comes from a child who could not find a common language with the potential guardian;
• If the potential caregiver has serious health problems.

Basic Concepts

The process of registering this right is quite complex and requires care and great responsibility from the candidate for trustee. The main purpose of guardianship and trusteeship is to protect the rights and interests of the child, his upbringing and education.

Rights and responsibilities of a child's guardian

Guardianship of minors can be granted to either a close relative or a stranger.

However, regulatory documents establish priority for grandmothers, grandchildren, as well as sisters and brothers who have already reached the age of eighteen.

Before collecting papers for social services, it is recommended that you familiarize yourself with the basic terminology, which will help you navigate the legislative documents more easily.

The main concepts are the forms of transfer of a child to a family, which are given in the table below.

Payments to guardians and trustees. Benefits for guardians

In accordance with current legislation, all guardians are entitled to certain benefits and cash benefits. It is worth taking into account the fact that payments to guardians are temporary in nature and can be terminated when the term of guardianship ends.

The trustee has the right to receive state financial support to pay for utilities, provide financial support for the child, etc. At the same time, it is worth noting that benefits for guardians and allowances are not established by law, and often depend on regional laws and regulations.

The amounts and size of payments to guardians will depend entirely on regional authorities. Therefore, it is necessary to find out about them in advance from the municipal authorities of your regions.

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What is advance guardianship?

Prescribed in Art. 12 Federal Law No. 48, the law states that any citizen who has reached the age of majority can place a child under preliminary guardianship. With a written application and documents confirming your identity, you must contact the authorized authorities. They will check the citizen’s ability to provide for the baby’s needs, housing and other conditions.

Basic conditions of preliminary detention:

• The person must be a citizen of the Russian Federation.
• Have your own permanent place of residence.
• Issued for six months, maximum +2 months.
• After confirming the conditions for providing for the baby, you can apply for a permanent one.