In cases where the child is left an orphan, the state takes upon itself the issue of his maintenance. A minor may be given for adoption to a foster family, which will issue guardianship or guardianship for him. In this case, all the costs and problems of maintaining the child are borne by the guardians, and the state only monitors how they fulfill their duties. In order to take custody of a child, a new family must fulfill a number of requirements that are prescribed in the legislation of the Russian Federation. Next, the article will describe the procedure for registering guardianship or guardianship of a child.
What is guardianship?
Guardianship can be granted to a child who is under 14 years of age and left without parents. This right is enshrined in clause 1 of article 2 of Federal Law 48.
Guardianship is formalized so that the child has a person responsible for his upbringing, maintenance and development.
The duties of a guardian include the following:
- organization of everyday life for the full existence and development of the child;
- protection of the rights of the child in all institutions and authorities;
- management of funds that are intended to meet the needs of the child.
Difference between guardianship and trusteeship
In paragraph 2 of Art. 2 of Federal Law No. 48 states that after a child reaches the age of 14 years, his guardian becomes a trustee. From this moment on, the minor receives a passport of a citizen of the Russian Federation and is recognized as having limited legal capacity. Such a person may be held responsible for his actions, but at the same time has certain legal restrictions. To take certain legal actions, a minor must obtain permission from his or her guardian.
Guardianship and trusteeship differ in the rights and responsibilities of both parties. From the age of 14, a child has the right to make some decisions independently.
If a child causes damage to any property, the guardian bears full responsibility for it, and the trustee only bears subsidiary responsibility.
The trustee has no right to enter into any legal transactions on behalf of his ward. He can only give his consent to conclude such an agreement.
Until what age do guardianship pay for a child?
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- Until what age is child custody possible?
- Amount and procedure for making payments to child guardians
- Guardian's allowance
- Features of guardianship payments in 2021
- Payments to guardians in 2021: how much do they pay for guardianship?
- Benefits and payments for guardian children - guardianship allowance
- Until what age is a child paid guardianship benefits?
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Amount and procedure for making payments to child guardians
Guardianship payments are due annually to people who legally care for a child or an incapacitated person. Considering their role and responsibilities, the state provides all possible financial support.
Of course, many people do not become trustees for money, but in order to help and support a specific person who may be a close relative.
But in any case, financial payments will not be superfluous, because both a child and a sick person require considerable expenses, so a salary or pension may not always be enough.
Until what age is child custody possible? Registration of guardianship is accompanied by a considerable number of different nuances. And all of them.
Types of payments for guardianship of minors. How much do they pay for child custody? As a general rule, the guardian of an adult incapacitated person performs his duties free of charge. But in some cases, he may still receive small cash payments from the state.
It should be noted that any person who actually provides care has the right to receive such funds, even if he is not officially appointed as a guardian. In addition, he can live either together with a disabled person or separately.
As we wrote above, in regions where there are regional coefficients, the amount of benefits increases accordingly.
Guardianship and guardianship
There are three types of guardianship and trusteeship:
- constant;
- temporary;
- preliminary.
Permanent guardianship is one of the most common adoption options. There are gratuitous and paid guardianship. In the first case, the citizen who took the child into care will receive an allowance from the state for his maintenance. In the case of paid guardianship, the person who took custody of the child has the right to receive a monthly allowance for his maintenance, as well as a one-time payment.
Guardianship and conservatorship are different from adoption from a legal perspective. The status of foster parents is fixed for life, but a citizen ceases to be a guardian when the child reaches the age of 18.
If a child is under guardianship, then the citizen responsible for him does not have the right to be his heir, receive alimony payments in the event of his incapacity, or make property claims against the ward.
Content
The application for guardianship has a standard form and consists of three parts:
- a cap;
- information and petition;
- final.
At the top, on the right side, is written the name of the organization, that is, the guardianship authorities, as well as the last name, first name, patronymic, and passport details of the person who is going to become a guardian. In the information and petition part, the candidate asks to be allowed guardianship, after which he indicates in detail all the basic information about himself and his family - place of residence and conditions (including information about the total area), salaries, etc.
Here it is necessary to note the reason why this person requires guardianship - for example, on the basis of a court decision on deprivation of parental rights or on recognition as incompetent. Also here the guardian provides additional information about himself - experience working with children, training courses, seminars, positive characteristics.
It is very important that all family members agree that the person under their care will live with them. The application has a special column where they must sign
The final part contains a list of documents that the trustee undertakes to provide to the guardianship authorities. At the end of the document there is a date of preparation and a signature.
Expert opinion Irina Vasilyeva Civil law expert
Guardianship is issued to people who are unable to provide for themselves. These could be minor children, incompetent people with disabilities, or the elderly.
Temporary guardianship or trusteeship
There are cases when parents are temporarily unable to fulfill their obligations towards the child. In this case, they have the right to apply to the guardianship and guardianship authorities so that their child is temporarily transferred to a third party. This right is enshrined in paragraph 1 of Art. 13 Federal Law No. 48.
Having placed a child under temporary guardianship or trusteeship, parents can independently choose the person to whom they will be transferred. They will also not be limited in their parental rights regarding the baby.
You can use the temporary guardianship option in the following situations:
- both parents work on a rotational basis;
- natural parents are forced to undergo long-term treatment;
- parents went on a long business trip;
- in any other situations when parents cannot fulfill their responsibilities towards the child for a long period.
The differences between temporary guardianship and permanent guardianship are as follows:
- if a minor is under temporary guardianship, he will not receive the status of an orphan or a child left without parental care;
- a child who is under temporary guardianship, his parents can return him at any time by withdrawing the appropriate application from the educational institution;
- the temporary guardian is not entitled to receive benefits, payments or allowances for the maintenance of the child;
- parents who have placed their child in temporary guardianship are not limited in their rights regarding the child;
- the document in which the fact of transfer of rights to guardianship is recorded has its own expiration date.
A citizen who has taken temporary custody or guardianship of a child has all the rights and responsibilities of an official guardian. A temporary trustee cannot dispose of the property of his ward, nor give his consent to him entering into any transactions.
Individual cases
Temporary guardianship is often considered as a child’s transition to a new social status. Let's consider only two options.
Temporary guardianship of grandson by grandmother
Often, a grandmother is appointed as a guardian when the child’s parents go on a business trip to another city or even country. Along with temporary guardianship, guardianship can also be permanent. You can read about this in a separate article.
Preliminary guardianship
A citizen who has reached the age of 18 and has a permanent place of residence can take a child under preliminary guardianship. This right is enshrined in Art. 12 Federal Law No. 48.
To apply for preliminary guardianship, you must contact the guardianship authorities with a corresponding application and a document confirming the identity of the applicant. Employees of this institution will check the living conditions of the child, their compliance with established standards, as well as the financial capabilities of the guardian to support the minor.
The preliminary guardianship format is used in force majeure situations, when temporary registration of a child in a shelter can significantly aggravate his moral condition.
The conditions of pre-guardianship are as follows:
- the trustee must be a citizen of the Russian Federation and have a permanent place of residence;
- preliminary guardianship can be issued for six months, in exceptional situations it can be extended for another 2 months;
- If, during preliminary guardianship, the citizen responsible for the child has fulfilled all the conditions for permanent guardianship, then he will be able to receive the child for permanent upbringing. Otherwise, the child will be placed in a social institution.
Requirements for trustees
Only a person who meets numerous conditions can become a guardian. These include:
- the citizen must be legally capable;
- his age must be between 18 and 60 years;
- the guardian must first undergo special training;
- the person must have Russian citizenship, and a criminal record or criminal record is not allowed;
- The physical and mental health of the candidate, who cannot have drug or alcohol addiction, must be checked in advance;
- close relatives represented by grandparents, sisters, brothers, aunts or uncles have a preferential right;
- availability of opportunities to provide optimal living conditions.
Information!
When choosing a guardian, the opinion of the immediate child must be taken into account if he is over 10 years old. Representatives of guardianship authorities are interested in the opinion of even very young children, but it is not a priority.
Guardians' rights
The rights of guardians or trustees are similar to those of parents. Only property rights differ. All of them are spelled out in Art. 36 Civil Code of the Russian Federation, art. 148 RF IC and Art. 15 Federal Law No. 48.
Having taken custody of a child, the guardian has the following responsibilities:
- provide the child with the opportunity to receive general education;
- provide comprehensive care and treatment;
- protect the rights of the child and represent his interests;
- provide the child with all material goods for full development (clothing, food);
- monitor the child’s social circle and regulate his communication with close relatives;
- provide decent conditions for the physical, intellectual and spiritual development of the child;
- take into account the opinions of the staff of the educational institution and the child himself.
In addition to the duties, the trustee has the following rights regarding the ward:
- arrange paid guardianship or receive monetary compensation for raising a child;
- to raise a child;
- receive benefits and other financial incentives provided for by Russian law.
Procedure for establishing child custody
In order to obtain guardianship or trusteeship of a child, you must submit an application and collect the following documents:
- extract from personal account about family composition;
- a certificate from the place where the applicant works;
- documents that confirm the existence of rights to housing where the child will live;
- written consent from all members of the applicant’s family over 10 years of age;
- autobiography;
- document that the applicant has completed training;
- certificate of no criminal record;
- a copy of the marriage certificate, if there is such a document;
- certificate of no criminal record;
- a certificate of the applicant’s health status issued by a medical institution.
Within three days after submitting the relevant documents, PLO employees will conduct an examination of the living conditions of the future guardian and draw up a report on the results of the examination. If the child’s living conditions meet the standards, the applicant will be able to take custody of him.
The role of acts
Before handing over a child to a guardian, guardianship authorities are required to check the living conditions. All results of such examination are recorded in reports. As a rule, guardianship cannot be formalized without an act, and the document itself takes about three days to be drawn up and is provided in two copies. When carefully considering the question of how to become a guardian of a child, it is important to clearly know your rights, therefore, if a person does not agree with the results of the examination that were recorded in the act, then they can be challenged. A decision on guardianship will be made within ten days, after reviewing all documents and the act inclusive. If a decision is made to refuse, the reason will be indicated. The refusal is issued in the form of an act. All documents collected by the applicant will be sent back to him.
Until what age is guardianship granted?
A citizen who has reached the age of 18 can become a guardian.
This condition is stated in Art. 146 RF IC and Art. 35 Civil Code of the Russian Federation. There are no other restrictions regarding the age of the potential guardian. But, in some cases, PLO employees refuse to issue guardianship for older people. For example, an elderly person may have many diseases that will interfere with the normal upbringing of a child. It is also possible that after some time the child may again be left without guardians. In practice, most often the PCO refuses guardianship to people over 60 years of age. If the applicant’s physical condition allows him to normally raise and support the child, he can appeal the refusal in court. In this situation, it is better to seek help from a lawyer who will help you collect all the necessary papers and assert your rights. You can get a free consultation on our website - call or write in the feedback form. Facebook
