How to register guardianship over an incompetent person? Rights and obligations of the guardian

Today it will be considered, then such custody of the incompetent person. The rights and duties of both guardians and guardians will also need to be understood. After all, only then will it become clear what is going on, why it is necessary, how to translate the task into reality. It should be noted that not all are allowed to be custodians. Specific requirements are put forward to these persons. And if they do not comply, then it will not work out registration of guardianship. However, the mentioned feature is a common form of care for incompetent persons in Russia. Therefore, every citizen should know about guardianship to the maximum. In some cases, such care about a person benefits. And not only moral, but also material.

Custody is ...

The first step is to understand what the term means. What is tutelage?

This term describes the form of care and protection of the interests of citizens left without care. Usually this concept in Russia is used either for minors under 14 years old, or for the elderly. But also citizens, who were recognized incompetent by court, custody also concerns. Above them, it is established in a certain order.

Now it is clear what kind of guardianship is over an incompetent person. Rights and duties of guardians will be explained later. First you need to know all the nuances of the design of this type of caring for a citizen.

Who can be a guardian

For example, it is worth remembering that not everyone has the right to act as guardians. Some persons are not allowed to guardianship over the incompetent. Who is included in this category?

At the moment, in Russia, care for a disabled person has the right:

• All law-abiding adults;
• Partially capable persons (from 16 years of age) with permission from legal representatives;
• Relatives of the incompetent (most often found in practice);
• Bodies of guardianship and trusteeship.

Accordingly, all previously listed categories of people are potential carers. As a rule, it is relatives who take responsibility for caring for the elderly, disabled or incompetent persons. This is the most common practice. What else is guardianship over the incompetent? The rights and obligations of guardians, the requirements for them, as well as the specifics of the process of processing documents will be presented below. In fact, everything is not so difficult to understand. And if you prepare for registration in advance, then there will be no problems.

No rights of guardian

Who has the right to act as legal representatives of incompetent people is already clear. And who specifically does not have this right? This is also important to know. It is likely that the potential guardian will not be able to draw up documents for caring for the needy!

To persons who will not be custodian of an incompetent person, include:

• People with a previous conviction;
• Prisoners;
• Insolvent (needy) citizens;
• Minors / minors;
• People who have been deprived of their parental rights;
• Social services;
• The bodies that help the citizen in the household.

Thus, it can be concluded that in most cases, the possibility of registering guardianship over a certain person is provided. It is enough, as already mentioned, to prepare correctly for the process. What else is guardianship over an incompetent person? Rights and responsibilities, all the nuances of caring for a person in need, the order of appointment and cessation of guardianship - all this is to be learned. In reality, everything is not as difficult as it seems.

Several types of care

Speaking of incompetent persons, we can distinguish two forms of guardianship. As a rule, they take place in relation to adults. After all, children are established full-fledged custody. And it is not discussed. What features does guardianship over an incompetent person have rights and obligations, documents for registration as a guardian? This is often determined by the type of form of care for a person.

Above the incompetent adult you can establish:

• Full custody;
• patronage.

These concepts are seriously different from each other. Therefore, it is important to consider what form of care to choose. Full custody is a huge responsibility. And here patronage imposes on the citizen not such serious duties. Therefore, as practice shows, some agree on the second version of the development of events.

About patronage

Patronage is a form of exercising care for an incapable adult. Original guardianship. Only, unlike the full form of this responsibility, it provides the guardian with significantly fewer rights and duties. What is required to pay attention in the first place, if a person thinks about patronage?

The fact that this type of care can only concern individuals who, by virtue of their physical abilities, are not able to exercise their rights. That is, over an adequate citizen. For example, over an old man or an invalid. Or over those who are declared incompetent due to illness. It is important that the ailment is not associated with mental health.

In fact, under patronage, the guardian should simply take care of the citizen. The trustee himself enters into transactions, he himself participates in some processes, and the person defending his interests only helps in this. The incompetent person in such a situation has the right to dispose of his finances, pensions and property.

Full custody

These are the characteristics of guardianship over an incompetent person. The rights and duties of the citizen who formalized the patronage are approximately understandable. In fact, it is required to help the guardian in realizing his rights and protecting his interests.

But there is also such a thing as full custody. It is established, as has already been said, over minors who are not yet 14 years old. Or over incapacitated adults, but with special conditions.

A citizen over whom a full custody is registered must be recognized as legally incompetent by a judicial procedure. As a rule, this form of protection of interests is used when it comes to mental illness. If a person is in an inadequate state, unable to perceive in a normal light all that is happening around, then complete custody of him is established. This is a huge responsibility. That is why it is recommended that you think about the consequences in advance before agreeing to the design of guardianship. Not everyone understands what is now to be done.

Duties for guardianship

Now it is clear how guardianship can be expressed over an incompetent person. What are the rights and duties of guardians in this case? Full custody is a huge responsibility. Why?

All due to the fact that the duties of the person who cares for the person, as well as the protection of his rights and interests, very much. To them it is possible to carry:

1. Full provision of incompetent.
2. Caring for the person to be cared for. And in full. This includes the provision of a comfortable life.
3. Treatment incompetent. Including buying medicines and paying for sanatoriums.
4. Protection of the rights and interests of the person under guard.
5. Disposal of finances and assets of the incapable in his own interests.
6. Increase the welfare of the person under guard. You can not reduce it, only multiply it.
7. Making any transactions on behalf of the incapacitated. Only those are permitted that are aimed at improving the human condition, as well as protecting the rights and freedoms of the person being guarded.
8. Recognition of those who are caring to be competent . Very rare case. It takes place if the person is cured of the disease and is healthy.

Now it is clear what custodianship over the incompetent person dictates rights and duties. The order of collecting documents and drawing up the appropriate papers to obtain the status of a guardian is another nuance that many people are interested in. But before that, it is necessary to understand whether monetary compensation is for guardianship. This is the question most people are interested in.

About cash payments

In general, guardianship is voluntary. And for him no one will pay. If close relatives or just acquaintances do not express a desire to act as guardians, then guardianship and protection will take place. No one forces citizens to take such a serious responsibility.

Nevertheless, in some situations, compensation for guardianship over an incompetent person is required. The rights and duties, payments and benefits that are given to guardians are all of interest to the public. After all, caring for a person is not such a simple task.

As a rule, cash payments are mainly used when registering custody of minors. Then the guardians will give out lump sum payments, as well as some monthly allowances. But if it is an adult incapacitated, then there is no special support from the state. There is only a small amount of money, which is paid monthly.

How much pay

What other nuances have custody of a disabled person? Rights and duties, payments and the order of registration of the relevant documents - remember all this is not so difficult.

It has already been said that in some cases, money will be paid for the incapacitated. But in what sizes? This fact also seems to some to be extremely important. This feature is regulated at the regional level. Citizens for care are assigned to payments in the amounts that are set in a particular region.

At the moment in Moscow, for example, you can hope for the following payments and benefits when registering guardianship:

• For young children is transferred monthly 15 000 rubles (up to 12 years);
• For persons over 12 years - 20 000;
• For a disabled child a month is 25 thousand rubles.

But for adult incapacitated payments are fixed in fixed amounts throughout Russia. For a long time their sums are:

• For persons with disabilities, 1 group from childhood - 5 500 rubles;
• All the rest - 1,200.

That is, in fact the guardian has the right to receive a monthly allowance from the state in the amount of 1,200 rubles. And only in exceptional cases this payment increases several times.

The order of registration of patronage

These are all the features that have custody of an incompetent person. Rights and obligations with the right to inherit housing are usually associated when it comes to patronage. Or if this feature was initially agreed with the guardianship authorities. A fairly common type of "compensation" in the future.

But how to register this or that custody? For example, patronage. This process is perhaps the simplest. And it does not require any serious documents or actions.

The registration of patronage occurs on the application of an incompetent person. It indicates the conditions of patronage in the relevant document, if necessary, fixes the inheritance right for the citizen in the future. Be sure to indicate who you want to see as a guardian. Next, a certain list of documents is collected. It is submitted to the guardianship and guardianship authorities together with the application form. After that, for some time (as practice shows, the process takes about 7 days), the relevant service reviews the application and makes a decision. If it is positive, then the notice of appointment of guardianship is sent to the applicant and guardian. Otherwise, failure.

Documents for patronage

It would seem that nothing special requires custody of an incompetent person. The rights and obligations, the order of registration of documents - all this regulates the current legislation. If it is a matter of patronage, then the following documents will have to be submitted to the guardianship authorities:

• Application-contract on behalf of the incapacitated;
• Identity cards of the parties;
• SNILSy (it is desirable);
• Health certificates (from both sides);
• Documents on the absence of a criminal record (the guardian brings);
• An autobiography of a person who will take care of a citizen;
• Statements indicating the income of the guardian (preferably);
• Consent of the potential guardian for patronage.

Now it is clear what the rights and responsibilities of guardianship over the incapacitated person are, what documents are needed to design the patronage, where to apply to this list. But many are interested in full custody. She, though a great responsibility imposes, but often implies the existence of rights of inheritance of property. What is needed to designate such care for a citizen?

Registration of full custody

This process is more responsible. It is important to fully understand what rights and duties imposes custodianship on the incompetent person. How to apply this type of protection of interests and citizens' rights? What if I need to act as a guardian to the full?

For this you can follow the algorithm of actions:

1. Recognize in a judicial order a person incompetent.
2. Collect a certain list of documents for registration of guardianship.
3. Provide a package of papers and a court decision to the guardianship authorities.
4. Wait for the result of the decision of the specified service.

Nothing difficult or special. The main problem is the collection of documents and the recognition of a person as legally incompetent. But you can cope with this if there are real grounds for that.

Documents for full custody

Among the list of documents submitted to the relevant authorities, we can distinguish:

• A court decision on recognizing a citizen as legally incompetent ;
• Identity card (passport) of the guardian;
• Application for appointment as legal representative;
• Autobiography;
• References indicating the income of a citizen and his solvency.

That's all. Now it is clear what a full custody of a disabled person is, what are the rights and responsibilities, how to arrange care for this category of persons, and what payments can be claimed. Not everything is as difficult as it seems!