Regulations 

What gives custody of an elderly person. Registration of guardianship of an elderly person Custody of the elderly

Guardianship of an elderly personestablished by decision of the guardianship and trusteeship body. You will learn about the order in which it is drawn up and what rights the guardian gets from this article..

How to get custody of an elderly person: possible options?

The Civil Code of the Russian Federation provides for two ways to issue custody of an elderly person:

  1. full guardianship;
  2. patronage.

The first case is possible if an elderly person, due to a mental disorder, does not fully understand the essence of his actions or cannot control them. Such a citizen is recognized as legally incompetent by a court decision. After the court makes this decision, guardianship of the incapacitated elderly person will be established.

Before you issue guardianship over an incapacitated elderly person, you need to calculate your strength. After registration of guardianship, all actions on behalf of the elderly citizen will be performed by a guardian appointed by the guardianship and guardianship authority. In particular, he will dispose of the pension, benefits of his ward (in the interests of the latter), pay for utilities, buy food, necessary things, etc. A citizen who has taken over custody of a minor child has similar powers.

Patronage is established over a person (including an elderly person) who, due to his severe physical condition and poor health, cannot exercise his rights, fulfill duties and defend his interests.

Conditions for registration of guardianship over an elderly relative in the form of patronage

The Civil Code of the Russian Federation in Art. 41 defines a number of rules that must be followed when applying for patronage over elderly citizens:

Download the contract
  • the person in need of such assistance does not have mental disorders (guardianship for mental illness is possible only in the form of full guardianship);
  • patronage is established with the consent of both the elderly person himself and his future guardian (in legal language, the guardian is called an assistant in this case);
  • an employee of the social security body who provides assistance to an elderly person with household chores cannot be appointed as a guardian (assistant);
  • an assistant can be a person who is or is not a relative of the ward (in practice, in most cases, it is the relatives who undertake patronage);
  • between the assistant and the elderly citizen, an assignment or trust management of property or another civil law contract (for example, agency) is concluded - the rights and obligations of the assistant are based precisely on the terms of this agreement;
  • guardianship of a disabled person is formalized in the form of patronage, if the disability is not associated with a mental disorder.

Patronage Establishment Procedure

In order to find out how to arrange custody of a mother, father or other elderly relative in need of patronage, you should refer to regional legislation. At the same time, some general stages of the procedure for establishing guardianship over an elderly person in the form of patronage can be distinguished.

  1. An elderly person who needs help of this kind should apply to the guardianship authority at his place of residence with the establishment of patronage over him. At the same time, the applicant must submit a document confirming the state of his health.
  2. Together with the application (or a little later), a person who agrees to become an assistant is submitted to the guardianship authority, as well as a draft that will be signed between the assistant and his ward. In addition, the future caregiver will need:
  • certificate from the neuropsychiatric, narcological and tuberculosis dispensaries;
  • characteristics from the place of work or study;
  • medical report on the state of health;
  • documents confirming the ownership or use of the living space;

Also, regional laws may provide for other documents.

Don't know your rights?

  1. If, based on the results of consideration of the application and other documents, the guardianship authority concludes that there are no reasons for registration of patronage, the applicant is sent a written response about this. If there are grounds for the appointment of patronage, the guardianship authority prepares a written order on its establishment. Copies of such an order are sent to the senior citizen and guardian (assistant). After that, they conclude an agreement among themselves that defines their rights and obligations.
  2. The assistant must be appointed within a period not exceeding one month from the moment the guardianship authority became aware of the need for his appointment.

Guardian rights for an elderly incapacitated person. How much is a guardian paid?

The rights of guardians, as well as the benefits they are entitled to, are established by the Civil Code of the Russian Federation, the Law on Guardianship and Trusteeship of 24.04.2008 No. 48-FZ and other regulations. The guardian of an elderly person who does not have legal capacity has a wide range of rights. This is due to the fact that an incapacitated person cannot exercise his rights on his own. The rights belonging to him are exercised on his behalf by the guardian.

What is the benefit of guardianship over an elderly person? A person who has issued custody of an elderly person has the right to live both with him and separately. When living together, as a general rule, an elderly person moves to the apartment of his guardian. The opposite situation - the free-of-charge residence of the guardian in the living quarters of the ward - is also possible, but only with the permission of the authorized body (for example, when the guardian does not have housing in the settlement where the ward lives).

The guardian of an incapacitated person has the right to enter into any legal relationship on his behalf and to make transactions in his interests without issuing a power of attorney. Pensions, benefits, and other similar payments due to the ward are credited to the nominal account of the guardian in the bank. The guardian has the right to dispose of these amounts in the interests of the senior citizen without obtaining the consent of the guardianship authorities. At the same time, he annually draws up a report on the expenditure of these funds.

The guardian can also dispose of the real estate owned by the ward only in his interests and only after obtaining the permission of the guardianship and trusteeship body.

Whatgives patronage? Duties and Rights of a Guardian in Establishing Patronage

When guarding an elderly person in the form of patronage, the rights and obligations of the guardian (assistant) and the elderly citizen are spelled out in detail in the contract that they conclude. This can be a contract of agency, trust management of property, or another agreement.

In general terms, the duties of a visiting assistant include:

  • fulfillment of various orders of the ward - both legal (making various transactions) and everyday (assistance in the household) nature;
  • informing the ward about the progress of his assignments;
  • management of the ward's property for the benefit of him (leasing, etc.).

In order to avoid controversy, it is advisable to reflect the responsibilities of the guardian in as much detail as possible in the agreement with the senior citizen. In particular, it is worth indicating what kind of help with the housework the assistant will provide, to what extent, how often, where the ward will live, etc.

The guardian (assistant) has the right to compensation for the costs that he incurred while assisting an elderly citizen, therefore, the contract may provide for the right of the guardian (assistant) to remuneration for his services, which is paid by the ward. It should be noted that the visiting assistant is not entitled to any payments from the budget.

It should also be said that an elderly person's assistant does not automatically become his heir. If the ward wishes to leave his property (or part of it) to a guardian who is not an heir by law, for this he will need to draw up a will.

The guardianship authority is obliged by law to monitor the activities of the assistant. Violations committed by him may result in the termination of the contract. In addition, if a contract of order was chosen to formalize the relationship, then each of the parties has the right to terminate it at any time.

So, in conclusion, it is worth noting that an elderly person can be taken into care in cases where he:

  • suffers from a mental disorder;
  • for health reasons, needs outside help.

The scope of powers of a guardian (assistant) will depend on the basis for establishing guardianship (patronage).

Features of guardianship over citizens over 80 years old

Guardianship in this case is carried out in the form of patronage, if the citizen under guardianship is not recognized as incapacitated. Guardianship of an elderly person of 80 years of age or older also means that the caregiver is entitled to receive payment from the Social Security Fund. In this case, the guardian must be a non-working, capable citizen of working age - otherwise, the payment cannot be assigned. It is also worth mentioning that the time of caring for an elderly person counts towards the total length of service.

How much is paid for guardianship of an elderly person? A citizen over whom patronage is registered is entitled to an additional pension from the pension fund in the amount of 1,200 rubles, which is intended to pay for the services of an assistant.

If we are talking about custody of an incapacitated pensioner, then the guardian himself receives an additional payment of 1,200 rubles at the expense of the FSS.

Elderly people often become unable to take proper care of themselves. Their capacity to act is questionable, since the elderly are sometimes unable to give account of their actions. Guardianship of an elderly person will help to avoid the negative consequences of such a psychophysical state.

Guardianship forms

The Civil Code of the Russian Federation provides 2 options for how to arrange care for an old man or an old woman:

  • direct custody;
  • patronage.

Option 1 is allowed if the grandmother or grandfather, due to mental disabilities, does not fully understand:

  • what is happening around them;
  • exactly how they do it;
  • what are the consequences of these acts.

Such an old man or an old woman, according to a judicial act, is recognized as incapable of bearing the burden of her civil rights. And after a court ruling is issued, guardianship is established over them.

Before taking care of the elderly, unable to bear their civic obligations, persons, you should weigh your capabilities, moral and physical reserves. Because screening the elderly is not an easy task.

Here you need:

  • special psychological, moral and volitional qualities;
  • enough free time.
Advice! If you do not have any of this, then it is better to leave this venture and delegate the matter to someone else. Download for viewing and printing:

Who comes under guardianship

An older person can be placed in care when he or she:

  • is mentally unhealthy;
  • due to the state of his physical health, he needs outside help.
Important! Social protection is established when a citizen, due to his psychophysical state, is not able to properly use his powers, fulfill obligations and protect interests.

In this case, the ward is not deprived of legal capacity. The scope of powers of guardians (accomplices) depends on the basis for the emergence of guardianship (social protection).

Do you need on this issue? and our lawyers will contact you shortly.

Features of guardianship over citizens over 80 years old

Payments for the care of disabled citizens from the FIU

As a rule, someone helps citizens who, for health reasons, cannot work, take care of themselves and carry on their own life. For the implementation of such assistance, the FIU establishes a compensation payment to the caregiver. It is established for a non-working able-bodied citizen who cares for someone in need of help, regardless of the fact of their living together and whether they are members of the same family. These include:

  1. Disabled people of the 1st group;
  2. Elderly citizens who have reached the age of 80;
  3. Elderly citizens who need constant outside care upon the conclusion of a medical institution.

Documents required for processing the payment:

  1. Identity documents;
  2. SNILS;
  3. Labor books (if any)
  4. Certificate from the labor center (labor exchange) that the caring citizen is not registered;
  5. Certificate from the TO PFR about the non-assignment of a pension to the carer.

Important! The carer can be a schoolchild or student from 15 years old, or from 14 years old with the written permission of the guardianship and guardianship authorities and the consent of one of the parents. To do this, you must additionally provide a certificate from the educational institution.

The compensation payment is assigned from the 1st day of the month in which the application was made, but not earlier than the emergence of the right to it.

The amount of the payment is 1200 rubles, the transfer takes place together with the pension of a disabled citizen.

Attention! The compensation payment is broader than just cash payments. The period of care carried out by an able-bodied person for a pensioner is included in his insurance experience. For each year of such leaving, an able-bodied citizen is awarded pension points (1.8 points), the number of which determines the size of the future pension.

These measures were introduced for those who, due to caring for a needy person, cannot work and, therefore, form an insurance pension.

The payment is made during the period of caring for the pensioner or before the onset of circumstances leading to the termination of the payment, namely:

  1. actual cessation of care;
  2. death, recognition as missing or deceased of one of the persons;
  3. termination of pension payments;
  4. employment;
  5. the appointment of a caregiver of a pension and other social benefits;
  6. placement of a pensioner in a social service organization;
  7. removal or change of the disability group.

Payment for the work of guardians

After the registration of social protection, events on behalf of the old man / old woman are performed by the authorized guardian. Among other things, he has the right to dispose of the profits of his ward (of course, in favor of the latter).

And also bear the costs for it:

  • payment for housing and communal services;
  • purchase
    • food products;
    • medicines;
    • hygiene items;
    • clothes.
Attention! For ordinary patronage and guardianship, the state does not pay any funds to the guardian (assistant).

However, the agreement between the patron and the ward may provide for voluntary reimbursement of costs incurred or payment for services.

Conditions for registration of social protection


The Civil Code of the Russian Federation regulates the rules followed when establishing social protection over people of venerable age:

  • the seeker of outside assistance is not mentally ill (since patronage for mental defects is allowed only as a full-fledged guardianship);
  • the consent of a potential ward and a candidate for his patronage (accomplices);
  • workers of social protection who help the elderly around the house should not become accomplices;
  • relatives and completely outsiders have the right to become accomplices (most often relatives are appointed as such),
  • various kinds of agreements are concluded between accomplices and a person of advanced age:
  • agency agreements;
  • order;
  • trust property management.

The status of social assistants is based precisely on the content of such a document. Guardianship of those disabled due to illness is also formalized in the form of social protection, if such incapacity for work did not arise due to mental defects.

The procedure for establishing social protection


The powers of guardians, the benefits they are entitled to, are determined by the Civil Code of the Russian Federation, the Federal Law “On Guardianship and Trusteeship” and other regulations. To find out how to arrange patronage for an elderly relative or an outside old man who needs outside assistance, you should pay attention to regional law.

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Collecting the necessary documents

Old people who need such assistance should come to the executive body at their location with a statement about the need to formalize social protection over him. At the same time, the applicant must provide medical documentation confirming the poor health.

Important! You can come on your own or with someone's mediation (by proxy).

After that, an application is submitted to the same executive body by a person who does not mind becoming an assistant, as well as an agreement plan. It will have to be signed by the assistant and his ward. Also, the patron will need certificates from drug, psycho, tuberculosis dispensaries.

Attention! Certificates must confirm

  • absence of mental illness, drug addiction and tuberculosis.
  • positive data from the place of residence, work / study;
  • a positive medical conclusion about the state of health, which allows you to take care of someone else besides yourself;
  • acts indicating the availability of living space in use or property. Since most often the ward lives with the guardian.

Regional legislation may provide for other information that must be provided to the executive body.

Establishment of guardianship


If, based on the results of studying the application and the package of documents, the guardianship authority comes to the conclusion that there are no grounds for registration of social protection, the applicant is sent a corresponding notification. If by this time the application of a potential guardian has been submitted, then he is also notified. If there is a justification for the appointment of social protection, a written order on its establishment is prepared.

A copy of this order is sent to:

  • the applicant;
  • future assistant.

After that, the latter sign the type of agreement they have chosen, which determines their legal status. An assistant must be appointed within a period not exceeding 1 month from the day when the executive body was notified of the need for guardianship.

Differences between full custody and social protection


The guardian of people of venerable age, without the ability to carry out their civic obligations, has rather broad powers. Since the person who is himself incapable in civil law is not in a position to personally exercise his rights. All the powers belonging to him are made by the guardian.

A person who has taken out custody of an elderly person has the right to live with him or separately. When living together, most often the old man moves to the guardian's home. It may be the other way around - with the permission of the authorized body (this happens when the guardian does not have a home where the ward lives).

Guardians of legally incapable persons can enter on their behalf in a variety of legal relationships and make transactions in their interests without a power of attorney.

Attention! All social benefits due to the ward are transferred to the bank account of the guardian. This money is used by guardians in the best interests of the elderly without obtaining the consent of the authorities.

An expense report is prepared every year. The guardian is entitled to dispose of the property of the ward only in the interests of the former and after the approval of the executive body.

Under patronage, the rights and obligations of an accomplice and a person of venerable age are regulated in detail by an agreement concluded between them. It can be a property trust agreement, commission or other agreement.

The obligations of a visiting assistant include:

  • execution of orders of the ward - both household, legal;
  • notification of the ward about the execution of his tasks;
  • management of the ward's property for the benefit of him (leasing, etc.).

In order to avoid controversy, it is necessary to reflect in as much detail as possible the responsibilities of the assistant in the agreement with the elderly person.

It is worth pointing out:

  • what kind of help with the housework needs to be provided to the assistant;
  • in what volume and with what frequency;
  • where the ward will live all this time and much more.

The assistant has the right to claim compensation for his expenses incurred in helping an elderly person. Therefore, the contract may also provide for the right to remuneration for their services, paid to the ward.

Important! The visiting assistant is not entitled to any payments at the expense of the budget.

An assistant to an elderly person is not the heir of a legal guardian. Only if there is a mention of him in the will.

The law makes the guardian body the duty to monitor the activities of the assistant. The revealed violations may be the reason for the termination of the agreement. If a contract of order was chosen to formalize the relationship, each party has the right to terminate it at any time.

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Elderly people are often unable to take care of themselves, so their relatives or loved ones have to take care of them. For the period of leaving to be counted in the seniority for retirement, it is necessary to formalize guardianship. How to do it? What papers do you need to collect and where should you go with this issue?

Concept

Guardianship of an elderly person is a formalized way of helping and caring for an elderly person who, due to health, has lost the ability to take care of himself.

After completing all the papers, the guardian has the right to perform certain actions on behalf of his ward.

For example, he can manage the pension of an elderly person, but not in his own interests. And in the interests of the ward.

Legislation

  1. Guardianship and guardianship are controlled by civil and family law.
  2. It says what guardianship is, and also discloses the legal status of a guardian.
  3. The procedure for registration of guardianship is specified in the version of 22.12.2019.

Who can be considered elderly

Experts have the following division:

  • up to 45 years old the person is considered young;
  • from 45 to 59 years old- this is a mature age;
  • from 60 to 74 years old- these are elderly people;
  • from 75 to 89 years old- this is old age;
  • over 90 years old- this is the age of centenarians.

Video: family for a pensioner

Who can arrange

Both a relative and another person can take custody of an elderly person. The main condition is that he must meet the requirements that apply to a potential guardian
To become a guardian you need:

  • fully capable and of legal age;
  • not have an outstanding criminal record;
  • not suffer from chronic diseases, including alcoholism and drug addiction;
  • meet other requirements for a guardian;
  • be unemployed if custody of an elderly person over 80 years old.

The timing

An elderly person must be in custody within 1 month from the moment when it became known that this citizen needs additional care.

This moment is usually the statement of the potential guardian. This is stated in

During this time, representatives of the guardianship must:

  • to inspect the place of residence of an elderly person;
  • and draw up an act.

This is done to check the living conditions of the ward and exclude the appointment of him to stay in a social institution.

The act is attached to the general package of documents from the applicant.

If an elderly person needs a special social institution, then he will not be assigned a guardian. The institution where he will live in the future will automatically become the guardian. The entire pension of an elderly person will "go" to this social institution.

What gives custody of an elderly person

Guardianship of an incapacitated and elderly person is carried out practically free of charge. The guardian has no privileges.

If guardianship is assigned to an elderly person over 80 years old, then the guardian has the right to receive benefits from the FSS in the amount of 1,200 rubles.

Rights of the elderly and caregivers

Elderly people, if they are of sound mind and good memory, have the right to choose their own helpers.

To do this, they must apply to the guardianship authorities at their place of residence with a request for the appointment of a specific guardian.

Written consent must be asked from the guardian.

  1. The guardian has the right to dispose of the pension and property of his ward in the interests of the ward himself.
  2. He is also entitled to compensation for the additional costs of caring for an elderly person.

He must submit a report on the funds spent to the representative of the guardianship and trusteeship. The report must be detailed and supported by checks and other payment documents that confirm the purchase of a product or service.

It is the responsibility of the guardian to choose a health facility for a ward, as well as to take care of it.

The use of the ward's funds is prohibited by law. The guardian has the right to dispose of the property of his ward only with the written permission of the guardianship authorities.

To do this, you need to write a statement and get a written result.

Privileges

The state does not provide any benefits to guardians of the elderly.

Manual

If the guardian works, then he is not entitled to any additional benefits.

If guardianship is assigned to an elderly person over 80 years old, then the guardian has the right to receive an additional benefit in the amount of 1,200 rubles. This is stated in

Funds are allocated at the expense of the FSS. To receive them, you must contact the social protection authority at your place of residence and write an application.

Is there any experience

Before formalizing guardianship over an elderly person, potential guardians think about whether the length of service goes for guardianship?

Full guardianship is established over older persons who have been declared incapacitated by a court as a result of mental or neuralgic illness.

Do you need the consent of relatives

If the guardian is not a close relative of the ward, it is necessary to obtain written consent from the close relatives of the elderly person.

Is there a difference between custody of a stranger or a parent

It is somewhat easier to arrange custody of parents than of a stranger.

  1. No need to formalize the consent of close relatives.
  2. The guardianship and trusteeship authorities are more willing to appoint close relatives as guardians of the elderly than strangers.

This suggests that the application for custody will be considered faster and without unnecessary "nit-picking".

Among the people of the older generation, there are many who continue to serve themselves independently even at retirement age. Some of them continue to work, buy the necessary goods in stores themselves, cope with the household, lead an active life.

But, unfortunately, for the majority of elderly people, especially after 80 years, sometimes due to aggravated chronic diseases, physical and mental characteristics, it becomes difficult to take care of themselves, do simple housework, and visit clinics.

In this case, other people, including relatives, can take care of them, having formalized or patronage of the elderly.

Legal basis

Registration of guardianship and patronage of adults in our country is regulated by the Civil Code and the Federal Law "On Guardianship and Guardianship" No. FZ-48.

Article 41 of the Civil Code establishes the procedure for registration of patronage over an adult citizen, concluding contracts of assignment or trust management, determines the categories of persons over whom this type of guardianship can be issued, and also appoints guardianship and trusteeship authorities responsible for exercising control over the activities of citizens helping older people in accordance with the prisoners agreements.

The federal law clarifies the basic concepts related to guardianship and guardianship, regulates legal issues affecting the disposal of the property of citizens in custody, the protection of their property, as well as the exercise of supervision over the activities of guardians and trustees. The Law considers the grounds for termination of guardianship and patronage, as well as forms of state support for this phenomenon.

When and by whom it can be issued

If an elderly person needs help from outside, then depending on his physical and mental health, guardianship or patronage can be formalized.

Full custody can be issued in the event that a person is recognized by the court as completely incompetent. He needs round-the-clock care, taking medications on schedule, and feeding. In addition, this form is necessary if a person suffers from mental disorders, memory loss and cannot adequately respond to the phenomena of the surrounding reality, as well as be responsible for their actions.

The guardian assumes responsibility for providing the elderly person with full-fledged care, food, medicine and essential goods, creating acceptable living conditions, monitoring treatment, paying bills. In addition, he must competently manage the benefits and payments that the ward receives.

Unlike guardianship, patronage can only be prescribed over the elderly who do not suffer from mental disorders, and due to physical ailments, they cannot independently solve everyday, financial and legal problems. Therefore, a citizen who provides this type of support helps to solve his ward, first of all, everyday issues, but does not have the right to dispose of his property. He can perform such tasks only on the basis of a power of attorney or a contract of assignment.

The patronage assistants are selected by the guardianship authorities within a month after the elderly person turns to them with a request for help. To do this, he must submit to the guardianship authorities his statement and a medical report confirming the need for outside assistance.

Guardians are selected most often from among relatives, but an outsider can also become one. If there are several applicants, then preference is given to the next of kin. A social worker who helps a pensioner with household chores cannot become a guardian.

To provide assistance to an elderly citizen, you need to submit to the guardianship and guardianship authorities a statement of your consent to provide assistance. The future guardian must meet the requirements of social services, not have bad habits and serious health problems.

All this should be documented, so the following papers will be required:

  • a certificate from a neuropsychiatric dispensary stating that the applicant does not have any mental or neurological diseases;
  • a certificate from a tuberculosis dispensary, indicating that the citizen is not sick with tuberculosis or other infectious diseases;
  • a certificate from the drug dispensary about the absence of drug and alcohol addiction;
  • characteristics from the place of work or study, which determines the human, organizational and moral qualities of a future guardian who can become a good helper for an elderly citizen;
  • medical opinion on the general state of health;
  • certificate of ownership or use of living space.

Local guardianship and trusteeship authorities may ask for additional documents.

Responsibilities of the Guardian

If a person is ready to take care of an elderly citizen in the form of patronage, then all his rights and obligations must be enshrined in the contract.

It describes in detail all the nuances of care and responsibilities that the guardian must fulfill: the volume of household services performed by him; the place of residence of an elderly person - in his living space or with a guardian; solution of legal and property issues.

Sometimes between the guardian and the elderly citizen, over whom the patronage is carried out, a commission agreement... It describes all the actions that must be performed by the helper on behalf of the person he is helping.

Thus, duties of a citizen carrying out patronage are:

  • Execution of household and legal orders and requests of an elderly person in accordance with the contract.
  • Providing full information to the citizen under guardianship on how the tasks are being solved.
  • Disposal of property in favor of the ward in the presence of an appropriate power of attorney or a contract of assignment.
  • Providing, at the request of social authorities, on how the funds of the guardian citizen are spent.

Assistant rights

An elderly person's assistant has right to compensation for expenses incurred by him in the course of carrying out the instructions of his ward. All payments to him are made by the ward himself.

If for the exercise of patronage it is assumed reward, then this must also be fixed in the contract.

State bodies do not make any payments. In addition, the implementation of this type of assistance does not automatically make the guardian the heir to the elderly person. At his will, the citizen can himself include his assistant in the will.

Registration procedure

An elderly person who needs help should apply to the guardianship authorities at the place of residence with a statement in which he expresses his desire to establish patronage over him.

Together with a statement you need to submit a medical report, which confirms the need for foster care:

Control over the implementation of patronage is carried out by the guardianship and guardianship authorities. If the guardian does not fulfill the terms of the contract, he can be canceled by the decision of the social service.

If the ward is over 80 years old

If the guardian is providing patronage for an elderly person over 80 years old, and at the same time does not work, he is entitled to compensation.

At the moment, its amount is 1200 rubles... In some regions of the country, it may be higher: in the Far North or in areas with severe climatic conditions, etc. the payment intended for the guardian is provided as a supplement to the pension of the senior citizen. And he already independently transfers it to his assistant.

If retired after 80 years declared incompetent, then the compensation is received directly by the guardian himself.

In addition, the period of patronage of a senior citizen over 80 years old is included in the length of service.

Refusal to provide assistance

By law, termination of patronage is possible for such reasons:

One of the reasons for refusal may be declaration of the ward, which is necessarily taken into account by the authorities.

If the guardian does not agree with the decision to renounce patronage, he can go to court. However, more often than not, employees of social protection agencies have good reasons for refusal and reliable evidence of improper performance by the assistant of their duties.

Patronage can be a good way out of a difficult situation when an elderly person is physically unable to take care of himself. However, a person who has assumed the functions of caring for such citizens must have high moral qualities and great patience in order to perform far from simple duties without material reward. Before taking on this business, you need to soberly assess your capabilities - material, physical and psychological.

For the rules for issuing this type of assistance for senior citizens, see the following video:

Upon reaching the retirement age, approximately half of the population continues to work. It is clear that the elderly are trying to provide at least some opportunity to buy medicines, clothes, since the pension is almost always in short supply. Of course, not everyone has the opportunity to work in retirement - not every pensioner can boast of excellent health.

Many of those who are over 70 years old can serve themselves, buy food, visit medical institutions on their own. There are also quite a few elderly people whose mental or physical condition makes it impossible to do without outside help. In such cases, close people can take care of themselves. How to arrange custody of an elderly person, we will tell in the article.

How to get help

Russian legislation provides for the possibility of caring for an elderly person in two ways:

  1. Full custody. This form presupposes the impossibility of serving oneself due to mental disorders, taking into account which the court ruled on recognizing the old man as incompetent. It is clear that such persons need almost round-the-clock outside help, taking medications, changing clothes, providing food, etc.
  2. Patronage. An elderly person is in his right mind, but due to the state of physical health (permanent or temporary), he cannot serve himself without help. In such cases, an agreement on patronage is concluded, according to which the rights and obligations of each of the parties, essential conditions, grounds for termination are determined - in a word, as in an ordinary bilateral agreement drawn up according to the rules of civil law.

If you are thinking about helping an elderly person on an ongoing basis, you should weigh everything again: after all, regardless of the chosen form of care, this is hard work. If you are firm in your intention, you should start obtaining a permit, having previously studied what requirements of the law you need to comply with.

Who is eligible to care

Usually, close people become helpers, but sometimes they can be strangers who have no family connection with an elderly person. Moreover, if there are many applicants, then preference is given to the closest one for the ward.

How are those wishing to issue custody of an incapacitated elderly person? Accounting for those in need of assistance, as well as applicants to become assistants is the obligation of the territorial guardianship authority directly enshrined in the law. Employees of this state organization notify all relatives of the incapacitated person, and also publish information in the media or otherwise notify people. It becomes known about the judicial recognition of a particular citizen as incompetent within three days - this is the period provided for sending a copy of the decision to the competent authorities.

The identity of the one who responded and wished to become a guardian or patron is carefully checked. List of requirements for a potential assistant:

  1. Reaching the age of majority.
  2. Lack of mental illness, as well as diagnoses such as alcoholism, substance abuse and drug addiction. In relation to the applicant, there should be no court decisions on recognition of incapacitated or partially incapacitated.
  3. No conviction for intentional crimes against the person. This refers to such crimes as: murder, bodily harm, death threats, crimes against sexual inviolability (for example, rape), kidnapping, etc. By the way, a conviction for non-payment of alimony is also grounds for refusing to satisfy the application.

In addition to the listed requirements, the moral qualities of the applicant are also taken into account: for example, if there are numerous administrative offenses for petty hooliganism, drinking alcohol in public places, etc., the guardianship authority may conclude that it is impossible to place an elderly person under the protection of such a troublemaker.

An unconditional basis for a negative decision is the termination of guardianship earlier due to violations on the part of the applicant.

The physical possibility of caring for an incapacitated person is also taken into account. So, if the guardian himself suffers from a serious illness, is forced to undergo treatment, observe a sparing regimen and needs help, then a reasonable conclusion can be made about the impossibility of caring for someone else. If circumstances permit, the opinion of the guardian can be taken into account (for example, when a stable remission has occurred, which does not entail restoration of legal capacity). In this case, an even, benevolent relationship between him and the person who wants to take care of him is encouraged. Obvious hostility and conflicting relationships can become a reason for a negative decision by the guardianship authority.

The law allows for the registration of several guardians at once for one person in need of care. So, at the same time, spouses can be registered to take care of a relative, if, for example, it is convenient for them to look after shifts. On the contrary, one caregiver is only allowed to care for one person.

What will happen to the incapacitated if there are no people willing to help him? Unfortunately, there are many such cases. The absence of relatives, or their attention to the elderly grandfather, great-grandfather, forces the state to take such citizens under its protection. If they are placed in specialized institutions (social or medical), guardianship is not assigned.

Guardianship procedure

If you have expressed a desire to take care of an incapacitated elderly person, then you should apply to the guardianship and guardianship authorities at the place of residence of the person you will be taking care of, where you can apply for guardianship. In the application, you must indicate your personal data, as well as the data of the elderly person, his age, degree of relationship (if any). By the way, an application can be submitted both on the website of public services and at the MFC, but it should be noted that such cases are rare - citizens usually want to personally verify the correctness of the writing and the sufficiency of the documents by contacting the guardianship officer directly. You must attach the following documents to this application:

  1. certificate from the place of work... It must contain the following information: length of service, position, average salary paid over the last year. If the candidate is not employed, you must provide proof of other income. So, when a potential guardian is in the employment service, you can bring a certificate from the CSH, as well as information about the calculation of benefits for the last 12 months. If we are talking about a pensioner, then you can provide a copy of the pension certificate.
  2. medical report on the state of health of the applicant... It is drawn up in a special form and involves examination by the following specialists: therapist, infectious disease specialist, narcologist, psychiatrist, phthisiatrician. Such a list of narrowly specialized doctors is not accidental: it is important to establish whether there are diseases included in the list of unacceptable ones for obtaining the status of a guardian. So, if the applicant suffers from tuberculosis, cancer, mental disorders, and also acquired a disability of the 1st group, he cannot be cared for by another person for medical reasons. Such a medical certificate after the expiration of three months becomes invalid for state bodies and it will have to be obtained again.
  3. copy of marriage certificate(in the presence of).
  4. if you plan to move to the house with the guardian, then you need consent of all family members living with him, including children who have reached the age of 10. With the consent of the guardianship authority, it is possible for both the assistant and the elderly incapacitated person to live at the place of residence of the latter.
  5. autobiography, information on preparation for communication with disabled citizens (if such courses are available in the region).

Earlier, before 2012, an additional requirement was to provide information on the compliance of the living quarters where the ward will live with sanitary standards. Currently, such data is not required to be provided - they are requested by the guardianship authority, like other documents:

  • information on the right to own or use the residential premises where the person who wrote the application lives;
  • information about a criminal record (request to the Information Center of the ATC region or region);
  • if the person who has expressed a desire to take care of is a pensioner, a request is made to the territorial office of the Pension Fund of the Russian Federation about the accruals.

If at some stage of the registration procedure you change your mind about becoming a guardian, no one can force you to do it: in civil law it is forbidden to become an assistant under someone's compulsion.

Within about 15 days from the date of filing an application by a citizen, the guardianship authority, after studying his personality, lifestyle, family ties and moral qualities, concludes that it is possible to appoint him as a guardian. A decision is made about this (in the form of an act of appointment), as well as about a refusal, while an indication of the reasons is mandatory.

Of course, the refusal can be challenged in court, providing evidence of honesty of their intentions to help and eligibility for becoming a guardian. It should be noted that there are few cases of appeal against refusals in practice. There are many more applications to the court from relatives who are unhappy with the decision of state bodies to appoint a relative as an assistant. Here you need to understand that the guardian from the moment of appointment does not automatically become the heir to the ward - in this part, the general rules of inheritance apply (by law or by will).

Guardian's rights and obligations

Guardianship implies the ability to represent the interests of the person who is being cared for in any institution, government, etc. without additionally issued powers of attorney. In addition to the general requirement to act exclusively in the interests of the ward, specific rights and obligations may be established individually. So, in the act of appointment (if the care is free) or in the contract (if assistance is provided on a reimbursable basis), there may be a prohibition of any specific actions (use of certain property of the ward, spending funds for a specific purpose, etc.). In some cases, a clause is indicated on the prohibition to change the place of residence of the ward.

As a general rule, the duty of a guardian to care for a disabled elderly person is free of charge. At the same time, if the guardianship authority considers it necessary (first of all, in the interests of the incapacitated), it is allowed to conclude an agreement with an assistant on a paid basis. The source for paying for the services of an assistant can be both the income of the ward (no more than 5%) and the federal budget (in the amount of 1200 rubles per month). Instead of monetary remuneration, the guardianship authority may allow the use of certain property of the ward. So, for example, there may be permission to use a car of an incapacitated person.

Each year, the caregiver is required to provide a report on the expenditure of funds and on the condition of the property of their ward (by February 1).

One of the rights of those who have assumed the responsibility to look after an elderly incapacitated person is free advice from lawyers, psychologists, and doctors. All organizational issues related to the need for advice of this nature are resolved by the staff of the guardianship authority.

Control by competent authorities

All the activities of the guardianship department are reduced to the observance of the interests of those who need help. Federal legislation directly establishes the priority areas of work of such state bodies, which must:

  • control the quality of care for disabled elderly people, check them at the place of residence for living conditions, good nutrition, medical care. So, the employee is obliged to check at the place of residence in the first month from the date of approval of the candidacy - once, subsequently - once every three months, from the beginning of the second year - once every six months. Unscheduled check-ups can occur at any time, depending on the circumstances (for example, received a report of inadequate care responsibilities). In addition, if the ward is undergoing treatment in a hospital, a representative of the guardianship authority has the right to visit the patient there as well;
  • monitor the safety of the property of the elderly person, as well as his money,
  • if violations on the part of the guardian are established, he is suspended from fulfilling the obligation to provide assistance to the elderly person within three days. If the life or health of the latter is in danger, the guardianship authority immediately takes measures to eliminate it (if necessary, organizes the transfer to a medical facility, determines the place of residence in the absence of the possibility of staying at the previous address, etc.).

Features of patronage

Patronage is formalized only with the consent of the ward, who is a fully capable citizen who, for some reason, is temporarily unable to serve himself. So this could be care for people who have been in accidents with serious consequences, for people with disabilities or citizens over 80 years old.

In other words, patronage involves helping in everyday life, without making transactions on behalf of the ward, without the possibility of disposing of his property. Such actions will be possible only when drawing up a power of attorney or when concluding an agreement on trust management, order, that is, according to the general rule.

The law prohibits patronage of workers in medical and social organizations involved in patient care.

For registration, you need to apply with an application and a passport to the guardianship department at the place of residence of the person in need of assistance, after which within a month it will be known about the decision. The requirements for candidates for patronage are similar to those for guardians. If the applicant complies with them, the guardianship authority concludes an agreement with him, which specifies the obligations and rights of both parties.

The time during which the patronage was carried out is counted in the total length of service. Currently, the monthly additional payment for patronage is 1200 rubles.

Question answer

Question:
I applied for custody of my elderly sister, who was declared incapacitated. The decision of the guardianship authority was positive, but due to circumstances I was unable to take care of my sister. Three months have passed, can I now exercise my right of custody (I am currently able to do this)?

According to the explanations of the Government of the Russian Federation, the opinion issued to a citizen on the possibility of becoming a guardian is valid for two years. You have the right to take advantage of a positive decision and reapply for registration, without providing the documents included in the list.

Question:
I am the guardian of my mother. My surname has changed, do I need to notify the guardianship authority about this?

Yes, changes in your personal data should be reported to the guardianship authority where you applied. It is necessary to provide a copy of the document on the basis of which the surname was changed, after which the employee will make changes to a special log book.

Question:
I would like to conclude an agreement with the guardianship authority for paid guardianship over my distant relative who lives in another region. Is it possible to do this with a notarized power of attorney?

Unfortunately, the law prohibits concluding such agreements through a representative, you must personally appear at the guardianship department.

Question:
I am patronizing my uncle. In his interests, I rent his apartment, with his consent and knowledge. But lately, my uncle has a mental disorder, he can no longer give me recommendations, permission to rent out his real estate. Is it possible to use the apartment (that is, rent it out) without the consent of the uncle, in his interests?

If your uncle has obvious mental abnormalities, you need to go to court to declare him incapacitated and then establish guardianship over him. Only in this case you will have the right to dispose of his property without a special agreement or order. This cannot be done within the framework of patronage.