Guardianship is one of the existing forms of protection that is feasible at the state level.
If it is issued, it is important to take into account the fact that it can be installed over the child only with the consent of the closest relatives.
This nuance is spelled out in the Family Code. As you know, the state, through the implementation of special laws, provides assistance and reliable support to people who do not have material well-being or are socially vulnerable.
But despite this, there are many aspects that significantly complicate the whole process. Before obtaining guardianship of a child, it is necessary to obtain consent to guardianship: both from the child and from relatives.
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Guardianship procedure
The currently existing family legislation was created in order to protect the needs of the future of our country, including the right of each of them to have their own family and be raised in it.
It is the most important and fundamental of all rights existing today.
The legislation states that new parents are immediately entrusted with a great responsibility, which consists in supporting children who have not yet reached adulthood. Guardians are obliged to take care of their well-being in all areas of life, health, participate in their development and create comfortable living conditions.
Unfortunately, today, many children are deprived of such simple happiness as a family. And this happens for various reasons: not always the fault of the parents. Due to various circumstances, a child may remain an orphan and then he is transferred to the authorized bodies or to the care of guardians.
Guardianship is a type of definition of children when they are accepted into a new family not as a half-blooded child, but for upbringing. It is important to note the fact that it can only be issued for those children who have not yet turned fourteen years old.
For children older than this age, guardianship is applied. It consists of caring for and controlling a teenager until he comes of age.
There are several cases in which a guardian may be appointed for a child (who is under eighteen years of age):
- sudden death of both spouses;
- deprivation of parental rights;
- significant reduction of rights to the baby;
- recognition of both spouses as incapacitated or limited in their ability to work;
- parents ignore their direct responsibilities towards their own child, which relate to upbringing, maintenance and support;
- constant absence of parents near the child due to work activities (travelling on business trips, working abroad);
- absence of parents due to being in prison;
- the presence of unfavorable conditions that violate the established interests of a child who has not yet reached the age of majority;
- list of other circumstances.
Registration of guardianship is not an easy and rather lengthy procedure. In order for it to be successful, a whole list of necessary conditions must be met. Representatives of the guardianship authority participate in this action.
To persons applying for guardianship, these government organizations issue an opinion after a detailed analysis of the papers submitted with the application. Do not forget that without the conclusion of an organization with certain powers, subsequent registration will be impossible.
In order to clearly receive a conclusion that confirms the possibility of becoming a guardian, you should bring the following package of documents to the relevant organization:
- statement of initiative to become a guardian;
- certificate from the place of work, which confirms a stable financial position;
- a certificate confirming residence in a house or apartment and rights to it (her);
- a certificate confirming the absence of a criminal record and stay in places of restriction of freedom;
- a doctor’s report confirming the absence of fatal diseases;
- biography of the applicant;
- consent to guardianship of all members of the applicant’s family in writing;
- living conditions survey paper.
After a detailed analysis and study of all received documents, certificates and conclusions, the guardianship authority makes a final decision. If the applicant meets all the requirements, a positive verdict is issued.
After receiving a positive response, the person can take the following steps to formalize a child custody agreement.
How to obtain guardianship of a child with living parents?
Establishing preliminary guardianship of a minor will require the preparation of the necessary documentation. That is, the future trustee must draw up a corresponding application, attaching important required documents to it. When applying for guardianship in person, you can contact the authorities concerned with this issue at your place of residence. In addition to the application, the future guarantor must provide:
- a certificate issued by internal affairs bodies,
- extracting a house register,
- passport.
The grounds for establishing guardianship over children may be conditions under which orphans are left completely alone without parents and, accordingly, need guardianship protection, education and appropriate maintenance. Typically, guardianship is established for this purpose. Guaranty over orphans, accordingly, implies not only a special type of protection of property aspects, the issue also concerns foster care. If desired, you can obtain surety and guardianship of several children at once.
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Consent from the child
In order for guardianship to be formalized by the applicant, he must obtain the consent of the child, which must be presented in a previously approved written form.
This application should be drawn up and filled out using a special form, which can be found below.
This point is important and requires mandatory implementation in order to obtain custody of a child under eighteen years of age.
When necessary
The child’s consent to guardianship is necessary because when transferring him to a new family, the guardianship authority is first guided by the interests of the child himself.
The important point is that in the process of registering guardianship, the deciding vote is the permission of the orphan who has reached the age of ten.
Sample
A sample of the child’s consent to guardianship is provided by the relevant organization dealing with this issue. The completed sheet must contain a positive response to the request for guardianship by the applicant.
It is important to note that only children over ten years of age can consent to guardianship. Registration of guardianship is impossible without their consent.
Control over guardians of incapacitated citizens
From the moment guardianship is appointed, guardianship department specialists must monitor how the citizen fulfills his duties.
The law provides for the following options for checking guardians:
- Personal supervision. Carried out in the form of scheduled unscheduled inspections at the place of residence.
- Documentary checks. Every year, before February 1, the guardian submits a report on the safety of the property of the incapacitated person.
The procedure for carrying out personal checks varies depending on the status of the guardian:
- relatives who lived with the ward for at least 10 years - once every 1 year and then once every 3 years;
- other citizens - once within 30 days from the date of the order, in the first year - quarterly, subsequently - once every six months.
If a signal is received about improper performance of duties, specialists can visit the family outside captivity. For this purpose, a special order is issued.
Consent from spouse
This document is also fundamental in the process of considering and obtaining guardianship of a child. Without the consent of one of the natural parents, who is incapacitated and not deprived of parental rights, it is impossible to formalize guardianship.
Sample
According to current legislation, there is no specific template for consent to guardianship of one of the parents.
It can be drawn up with the help of guardianship officials.
After compiling it, you simply need to attach it to the package of documents. The written consent must contain the orphan's first name, last name, patronymic and date of birth.
Is it necessary to obtain guardianship over an incapacitated person?
In accordance with Art. 31 of the Civil Code of the Russian Federation, guardianship is a way to protect the rights of incapacitated citizens. The guardian must represent the interests of the ward in the courts and government agencies.
Features of registration of guardianship:
- appointed exclusively voluntarily (the guardian must independently initiate the procedure);
- the guardian must meet the requirements established by family and civil legislation;
- the applicant must document compliance with the requirements;
- A guardian is not appointed if the incapacitated citizen is placed in a special institution.
Thus, the appointment of guardianship over an incapacitated person is a mandatory procedure. An exception is provided only for citizens who live in inpatient institutions for the disabled. In this case, the powers of the guardian are vested in the head of the institution.
If a citizen has relatives or other persons who wish to obtain guardianship over him, then they must go through the procedure established by law.
Consent from relatives
When registering guardianship, consent to guardianship must also be given by relatives.
First of all, this applies to spouses who did not die and were not deprived of their rights to the baby. The potential guardian must obtain their written consent.
This moment will allow you to avoid unpleasant conflict situations in the future. This requirement is enshrined in regulations.
Relatives also include grandparents, whose consent is also required.
Sample
A sample consent for guardianship from relatives can be obtained from the guardianship authority, whose employees will help you draw up the document correctly. Without it, it is impossible to obtain the right to custody, since if there are immediate relatives, this right first passes to them.
Payments and benefits to the guardian of an incapacitated person
Guardians of incapacitated persons do not enjoy federal and regional benefits.
At the same time, they have the right:
- To receive a monthly payment from the Pension Fund of the Russian Federation. If the ward is over 80 years of age or is a disabled person of group 1, then the Pension Fund, at the request of the guardian, monthly transfers 1200 rubles together with the ward’s pension.
- To receive a reward. At the request of the guardian, the guardianship department may enter into an agreement for the performance of duties for a fee. The amount cannot exceed 5% of the ward’s total income. As a rule, the only income of the incapacitated person is a pension.
- To obtain benefits and subsidies that are intended for the ward. If a disabled person has the title of Labor Veteran, Honorary Donor or other titles, then he is entitled to benefits. If the guardian lives in the ward’s apartment, he can apply for a subsidy for utilities.
Thus, having lost legal capacity, a citizen is not deprived of state and regional benefits. But the responsibility for their execution is transferred to the guardian.
