Who can be a guardian: requirements, necessary documents

When is guardianship required?

Establishing guardianship is a legal procedure carried out in relation to children under 14 years of age who are left without parents. Guardianship is issued for a child between 14 and 18 years of age. The difference between these two concepts is that guardians independently carry out all transactions in the interests of minors, and trustees in such situations only give their consent. Children under guardianship sign their own signatures on documents.

When it may be needed:

• The parents give birth to a child, but they themselves have not reached 16 years of age. In this case, one of their parents can take custody of the child.
• Biological parents abandoned the child, died or were deprived of parental rights, declared incompetent.

Often guardianship is established before the adoption of a minor. This is possible if warm relationships develop between people, and potential guardians provide him with everything he needs and take part in his life even without a contract.

Expert commentary

Kamensky Yuri

Lawyer

In a situation where the child is left alone and needs guardianship, a candidate must be selected by the POiP 1 month in advance. If it is not possible to find a guardian, the guardians become either representatives of the guardianship authority or a government institution where the minor can be placed in the absence of relatives.

How much do guardians pay for a child?

In Russia, the following payments are required for child custody:

• mandatory amount of cash payments. Payments to guardians are indexed and in 2021 should amount to RUB 16,350.33. (+1.054% compared to the previous period);
• monthly payments for child custody (monthly guardianship allowance);
• quarterly compensation for the costs of guardianship for children (payments to the guardian are provided only by check);
• vouchers for sanatorium-resort treatment.

How much they pay for child custody also depends on which federal subject the child lives in.

Children are also entitled to certain privileges, benefits and subsidies:

• up to 2 years of age “milk”;
• up to 3 years of age, medications with a pediatrician’s prescription;
• public treatment in medical institutions;
• visiting a kindergarten;
• meals at school, at least twice a day;
• additional courses at school;
• vouchers to DOL;
• textbooks;
• and etc.

If the child is under guardianship, then to help guardians, discounts on rent and home telephone service are provided.

Tax deduction for personal income tax

If a person is a minor, he can count on a tax deduction from his income and has every right to contact the OOP and tax authorities. The deduction amount changes upward if, for example, disabled children are cared for.

One-time

If guardianship is established over a child taken from an institution such as an orphanage or boarding school, then you can count on a larger benefit amount. The category of the baby based on the health group also plays an important role. A lump sum is not paid if it is registered over a relative.

Monthly

The calculation of monthly compensation amounts comes from many factors. The question of how much a guardian receives also depends on his employment, the amount of earnings, whether there are benefits and other circumstances. The exact amount of the benefit is determined in Russia by regional authorities.

Requirements for guardians

The main requirement for guardians is to reach the age of majority. Criteria are not established at the legislative level, but most often the guardianship authorities consider the following:

When establishing guardianship, the greatest preference is given to the relatives of the minor. If they are faced with a choice of whom to sign the contract for - a stranger or a relative, the choice will most likely be in favor of the latter.

OOiP relatives are treated more loyally. It is important for them that the child in the family of guardians feels comfortable, has the opportunity to eat well, receive an education and develop.

Important! If the child is over 10 years old, the POiP will ask his opinion before drawing up the contract. It can refuse decisively: if he does not give his consent and says that he does not want a specific person to be his guardian, even with an extremely positive characteristic, it will not be possible to establish guardianship.

Who cannot be a guardian

The main features of establishing guardianship are regulated by the RF IC, the Federal Law “On Guardianship and Trusteeship” and the norms of the RF Civil Code. In contrast to the requirements, which cannot be found clearly stated anywhere, situations where guardianship cannot be granted are clearly stated in Art. 146 RF IC.

What may interfere with the execution of a guardianship agreement:

• having a criminal record for a crime against life and health, personality and freedom;
• outstanding or unexpunged convictions for especially serious and serious crimes;
• homosexual. Prohibits guardianship for people in same-sex marriages;
• chronic drug addiction or alcoholism;
• serious illness (oncology, tuberculosis, HIV, AIDS, etc.);
• previous deprivation of parental rights;
• previously canceled adoption due to the fault of the applicants;
• restriction of parental rights even in relation to other children.

Also, when establishing guardianship of POiP, the moral and personal qualities of the applicants will be taken into account.

More information about free guardianship

When registering gratuitous guardianship, a citizen assumes the responsibilities of raising a minor child free of charge, that is, without receiving any remuneration for guardianship. Thus, the guardian receives only an allowance for the ward, which he is obliged to spend exclusively on the needs of the minor.

According to Art. 145 of the RF IC, guardianship is established in relation to a minor under the age of thirteen inclusive; after the child turns 14 years old, guardianship becomes trusteeship.

Free guardianship is appointed on the basis of an order or resolution of the local municipality. To confirm guardianship powers, a person who assumes responsibility for raising a child left without parental care receives a guardian's certificate.

As soon as guardianship is established, the teacher becomes the legal representative of the child, and it makes no difference whether the ward is a relative of the guardian or a completely stranger to him. After the transition of guardianship to trusteeship, the teacher’s rights in relation to the ward and his property are reduced without any reduction in the duties of the guardian in relation to the pupil.

So, a feature of gratuitous guardianship can be called the absence of any monetary reward for the guardian, that is, the teacher performs all the duties of raising the child free of charge, without additional payment.

However, the absence of guardianship remuneration does not in any way affect the financial security of the ward, since the guardian receives child support. Funds for the baby are transferred monthly to a special nominal guardianship account. According to Art. 37 of the Civil Code of the Russian Federation, the recipient of funds received to the nominal account is the guardian, and the beneficiary is the child under his care.

Free guardianship is one of the most common forms of raising children without parental care; most often this type of guardianship is formalized by relatives of minors. Third parties who wish to foster someone else's child usually hope to receive some kind of financial reward for their guardianship.

Responsibilities of Guardians

All guardianship obligations are regulated by law. Their rights begin to apply from the moment the guardianship authority issues an act establishing guardianship.

What should the trustee do after signing all documents:

• Provide the child with food, housing, and clothing.
• Promote education and development for minors.
• Providing care according to age, timely examination in medical institutions.
• Protecting the interests of the child in various organizations, including government ones.
• Caring for the moral and physical development of a minor.
• Spend what goes into your child’s personal bank account only for his or her needs. This will require regular reporting to the guardianship authorities.

If we are talking about legal transactions with a child’s real estate, each of them will require the consent of the guardianship authorities.
For example, when you plan to purchase an apartment of a larger area and you need the amount that can be raised from the sale of your home, you need to convince the POiP that the funds will be spent specifically on living space. This is done by drawing up a preliminary purchase and sale agreement: it will be needed in the OO&P as documentary evidence. Unfounded explanations are not taken into account. The same applies to the exchange of housing: first, a preliminary exchange agreement is drawn up, then a commission examines the new living space, and only after that permission can be obtained.

Thus, guardians are required to do the same things as adoptive parents or biological parents. The responsibilities in this case are practically the same, but along with them the rights are also granted:

• Representing the interests of a minor under 14 years of age. From 14 to 18 years of age, only written consent is taken from guardians when making transactions.
• Participation in the child’s life: choosing a method of education, providing education, etc.
• Receiving guardianship payments from the state budget.

Expert commentary

Kireev Maxim

Lawyer

For valid reasons, guardianship may be terminated at any time. To do this, the trustee must contact the OOiP with a corresponding application.

How to obtain guardianship of a child: step-by-step instructions

Most often, guardianship authorities independently search for applicants. When a potential guardian has been found, he needs to contact the POiP with an application.

The procedure looks like this:

1. An application and accompanying documentation are submitted. If necessary, guardianship authorities can independently request additional information from other government agencies.
2. Within three days after submitting documents, the applicant’s living conditions are examined. It is important that the house is clean when the commission visits. If necessary, representatives of the POiP can interview neighbors in order to find out the characteristics of the future guardian from the outside.

After checking the documents and living conditions, the guardianship authorities make a decision on the appointment of guardianship. This is possible if the citizen himself has expressed a desire to become the legal representative of the child. If children in need of guardianship appear in boarding schools or orphanages, a decision is made about the possibility of becoming a guardian, and the applicant is sent to a government agency for acquaintance.

Documentation

When visiting the OOiP, the following package of documents is provided along with the application:

Can a pensioner be a guardian?

The law does not limit the maximum age of a guardian, so a pensioner may well become one. Most often this happens when biological parents die or are deprived of parental rights.

What nuances are important to consider:

• The monthly income will be considered. If, in addition to the pension, the applicant will receive income from renting out the apartment, it is advisable to provide the relevant declarations and agreement.
• Availability of your own home is taken into account. It is important that it is no less than established social norms. In each region they are installed individually, most often it is 18 sq.m. for one person.

Expert commentary

Shadrin Alexey

Lawyer

Pensioners who are close relatives may be given relaxations during verification. For OIP, the main thing is that the child is not left without care and is provided with everything necessary for full life and development.

Is it possible to obtain guardianship with living parents?

Guardianship is not always established due to the death of parents or deprivation of relevant rights to the child. This often happens if the mother is left alone with him and subsequently becomes seriously ill, which creates a need for additional help.

The procedure for registering guardianship in this case looks standard. The only difference is that parental consent will be required, and payments due to other guardians will not be transferred.

Payments

The legislation establishes three types of cash payments:

1. One-time cash benefit for the guardian.
2. Monthly payments for a child.
3. Monthly guardianship allowance.

One-time payments to guardians

From February 1, 2021, the lump sum payment is 17,497.73 rubles per fostered minor. If a guardian takes custody of several children, then this payment increases twofold (or more), depending on the number of children taken into care. These funds do not have any specific purpose, that is, they are paid personally to the guardian.

Monthly payments for a child

In accordance with Art. 37 of the Civil Code of the Russian Federation, a separate so-called nominal account is opened for the guardian, to which funds intended for the maintenance of the ward are transferred monthly.

For children under 12 years of age, an amount of fifteen thousand rubles is paid; after the minor ward turns 12 years old, monthly payments increase to twenty thousand rubles. These funds have a specific purpose. That is, they can only be spent on the maintenance of the ward.

Monthly payments to the guardian

When applying for paid guardianship, there is another type of cash benefit - monthly payments to guardians. This money is intended personally for the person raising the minor and is considered an alternative to wages.

The size of payments depends on the region and can range from five to fifteen, and in some regions even higher, thousand rubles.

The state encourages in every possible way the placement of children left without parental care into families. That is why an unfounded refusal to formalize guardianship of a minor requires immediate protection of the child’s rights by all legal means.

If you are denied custody, in your opinion illegally, you can turn to our website staff for help. You can contact them by calling the indicated numbers or leaving a text message in a special chat.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Guardianship and adoption: differences

Some citizens mistakenly believe that there is not much difference between adoption and guardianship, although in fact there is. Establishing guardianship still has more positive aspects:

• A simpler procedure. It is enough to conclude an agreement with the OOiP. When adopting, applicants first contact the Office of Adoption and Adoption, and then the case is considered in court with the participation of guardianship authorities and the prosecutor's office.
• Possibility of receiving benefits for a minor and alimony from his parents.
• Trustees and guardians in the Russian Federation are provided with a large number of benefits.
• Easy termination of the contract. If the relationship between the child and the guardian does not work out, the contract can be canceled by contacting the Department of Internal Affairs with a statement.

To become a guardian of a minor child, it is enough to contact the guardianship authorities at the child’s registered address with an application and documents for verification. The guardianship agreement is concluded after examining the living conditions of the applicant and making a positive decision by the commission. Establishing guardianship is more convenient than adoption because it requires a minimum of time: the maximum period for completing documentation is 1 month from the date of application to the OOiP.

What is paid guardianship

In the case of paid guardianship, the person raising a minor child left without parental care, in addition to the allowance for the maintenance of the child, receives additional financial compensation. In this case, the guardian receives a certain payment established by Russian legislation for carrying out activities to raise the child. That is why the period during which a citizen takes care of a minor is included in his insurance record.

Thus, paid guardianship is a family arrangement that provides for payment for the activities of raising a minor child. Payment is made in the form of monthly transfers of funds to the personal account of the guardian, and the allowance for the maintenance of the baby is also paid in full.

Important. Appointment of paid guardianship is possible only in relation to minor children. When appointing guardianship over an adult incapacitated person, no monetary compensation is provided for guardians.

To receive a guardianship fee, you will need to draw up an agreement on guardianship of a minor child.