Paid and gratuitous guardianship - similarities and differences

What is paid and gratuitous guardianship?

Federal Law No. 48 of 2008 gives the concept of guardianship as a form of care for incapacitated and minor people (aged 0 to 14 years). The guardian becomes the legal representative of the ward and carries out legally significant actions on his behalf.

A guardian may perform his duties on a paid or gratuitous basis.

As a rule, gratuitous guardianship is arranged by the ward's relatives (grandmothers, sisters). Although the law does not prohibit them from applying for a paid option, often guardianship departments insist on prescribing the free form of the device.

The law does not provide for differences in the rights and responsibilities of a guardian depending on the form of placement. The main difference is the presence of a monthly remuneration for performing duties. In addition, paid guardianship is considered a professional form of arrangement. The guardian performs duties on the basis of a contract and receives seniority.

Requirements for guardians

The general requirements for guardians do not differ depending on the remuneration of guardianship.

The candidate must meet the following conditions (Article 146 of the RF IC):

• no criminal record;
• having a regular income;
• availability of living space;
• absence of prohibited diseases (including drug addiction and alcoholism);
• training for foster families.

Citizens who have been deprived of parental rights, limited in parental rights, suspended from performing guardianship duties, or citizens whose child was taken away due to their fault cannot be a guardian or adoptive parent.

Types of paid guardianship and trusteeship

In 2021, in accordance with the law, the following types of paid guardianship can be distinguished:

• guardianship under a foster family agreement;
• patronage

Guardianship under a foster family agreement

A foster family is recognized as guardianship or trusteeship, which is carried out under a foster family agreement. It is concluded between the guardian and the municipality at the place of his registration.

Important! In case of a change of residence, the citizen must immediately notify the guardianship department of the move and terminate the contract.

In 2021, foster care is the most popular form of paid care. To register a foster family, the guardian must submit an application to the guardianship department at the place of registration to conclude an agreement with him.

The Guardianship Department must respond within 10 days.

If there are no grounds for refusal, the contract must be concluded. Otherwise, a citizen can go to court and claim evasion from concluding a contract. The contract is valid until the child reaches adulthood. It can be issued both in relation to each pupil individually, and in relation to several children at the same time.

If a document is issued in relation to several children at once, then its validity ends when the youngest of them reaches adulthood.

Patronage

In 2021, this type of paid guardianship, such as patronage, is practically not implemented. First of all, there is no federal regulatory regulation for this type of device. On the other hand, employees of organizations for orphans can arrange foster care for minor pupils of the organization. In such a situation, the citizen receives a number of responsibilities in relation to the child and a small payment. But the organization’s student continues to live in the institution. In addition, the rights of a foster carer in relation to a child are limited. He cannot dispose of his property and income.

Regulatory regulation of this type of device is regulated by legislative acts of regions and local acts of organizations.

What is the difference between foster care and guardianship?

Termination of guardianship and trusteeship of children and incompetents

Help for parents: where to expect it

Here those responsible for the children should organize something like an educational program for parents who want to adopt a child. And explain what moments may arise, how to avoid something. For example, that one should not act on emotions and pity. Do everything so that both parties - both the child and the parents - feel comfortable in all respects. True, we don’t do this. Why? This is a separate question, and I would like to hear the answer to it...

This is especially true when a disabled child is taken into a family that already has such children. By the way, in Europe and in the States, disabled children are adopted even from our country. But in our country, as life shows, they are often adopted only in order to improve their financial situation. And everyone knows about it. It's hard to believe that anyone who takes on such a load and responsibility will be able to cope.

Of course, not everyone is capable of true love. But you have to adopt children. And not only for foreigners. And by taking a child into the family, make his life happy, not unbearable. Officials could teach this too.

Forms of paid guardianship

In 2021, in the Russian Federation, paid guardianship is implemented both in relation to minors and in relation to the incompetent. A prerequisite is full compliance with the requirements for a guardian and the presence of a conclusion on the possibility of being a candidate.

Over a minor

The rules for registering paid guardianship of a minor are regulated by Government Decree No. 423 of 2009.

Basic rules for creating a foster family:

• Only children left without parental care are placed in foster care;
• the duties of the legal representative are carried out on the basis of an agreement;
• the number of children should not exceed 8 people (including blood);
• a minor aged 10 years or older must consent to be placed in a foster family.

The foster parent can receive remuneration from the local government, as well as from the funds of the ward. Remuneration from children's property cannot exceed 5% of the child's total monthly income. The amount of a child’s income is determined by the guardian’s report, which the citizen is obliged to submit annually to the guardianship department.

Over an incompetent adult

The law provides for the possibility of obtaining paid guardianship over an incapacitated citizen. In this case, an agreement is concluded on the performance of the duties of a guardian for a fee.

In 2021, there is no provision for payment from the state for performing the duties of a guardian over incapacitated citizens. The only option is to receive a share of the ward's income. The guardian can receive up to 5% of the total amount of all income. As a rule, an incapacitated citizen has a monthly pension. In some cases, there are income from renting out an apartment, various payments and benefits.

If the ward has property that is managed by a guardian or trustee, this information is also included in the guardian's report. All specified amounts are subsequently counted when calculating remuneration.

What benefits, payments and one-time compensation are available if you take a baby from an orphanage?

For families with an adopted child, the legislation provides a number of benefits:

• registration of a child for school or kindergarten without a queue;
• free meals in an educational institution (at the expense of the budget);
• free medications according to a special list (for children under 3 years of age);
• benefits for utility payments;
• tax deductions for preschool education.

Special benefits are established for large families (Decree of the President of the Russian Federation dated 05.05.92 No. 431):

1. Obtaining land plots free of charge. It can be used for agricultural work or housing construction. Plot sizes are set at the regional level.
2. Full or partial exemption from transport tax.
3. Early retirement; if there are 3 children, the retirement age for women is set at 57 years, with 4 children - 56 years, with 5 or more children - 50 years.
4. Benefit for the third child. Paid monthly until age 3.
5. Establishment of preferential mortgage interest (6%).
6. Awarding the Order of “Parental Glory” when raising at least 7 children. At the same time, 100 thousand rubles are paid.

Particular attention is paid to the adoption of disabled children. In this case, the following benefits are provided through the Social Security authorities:

1. One-time adoption benefit – 133,560 rubles (in 2019).
2. Monthly child care allowance (from the Pension Fund) – up to 25,400 rubles.

A disabled child is assigned a social pension in the amount of 12,680 rubles (1st disability group), 10,568 rubles (2nd group) and 5,284 rubles (3rd group). In addition to payments, the following benefits are provided:

• tax deduction of up to 12,000 rubles per year until the child reaches adulthood;
• provision of free medicines (864 rubles/month);
• vouchers to sanatoriums (133.6 rubles/month);
• free travel on public and suburban transport.

The material capital due to the child can be spent on social adaptation. Adoptive parents of a disabled child receive the right:

1. to receive 4 days off per month;
2. establishing a part-time working week for women;
3. limiting the possibility of dismissal;
4. prohibition of night work;
5. additional vacation up to 2 weeks.

Before adoption, children were entitled to benefits established for orphans. They are canceled after the court's decision, because the child loses his orphan status.

Similarities and differences between paid and gratuitous guardianship

All types of guardianship are provided to protect children's rights in cases where the mother and father are unable to fulfill their duties. However, each type has its own nuances.

Medical examination of a child

For each child, a report on the state of his health is submitted to the guardianship authority. But each candidate for adoptive parents has the right to their own medical examination of the child.

Children subject to adoption are examined under certain conditions:

• the examination must be carried out in licensed medical institutions;
• the medical worker of the institution from which the child is required to be present;
• The examination period should not exceed 30 days.

How to switch from paid to gratuitous care?

Often, guardians want to change the form of placement from guardianship to foster care. Since it provides for equal rights and responsibilities, additional payment and length of service.

Procedure for re-registration:

1. Submitting a written application to the guardianship department at the place of permanent registration.
   Since the law does not provide for the form of such an application, it is necessary to draw it up in free form. Important! It is necessary to justify the reasons for the decision.
2. Review of the application within 10 days.
3. If the answer is positive, a contract is concluded.
4. If the answer is negative, go to court with a request to force the municipality to conclude a contract.

It is necessary to take into account that the guardianship department does not have the right to refuse to change the form of the device. But the guardian must explain the reasons for the transition (need for work experience, need for additional payments).

How much does adoption cost?

Although the adoption process is free, applicants will have to incur a number of costs. Among them:

• testing for HIV and hepatitis (must be done when drawing up a medical report);
• expenses for travel to different regions and accommodation when selecting a child.

All this can require significant costs.

However, no additional expenses are required. In accordance with Art. 126.1 of the RF IC, intermediary activities in adoption are prohibited. Therefore, any organization that carries out commercial activities during the registration of adoption is subject to punishment.