What to do when there was a need to register custody of an elderly person?

What advantages, except cares, are received by a person, if it is not established guardianship over the elderly person, but patronage? The one who performs the care, replenishes his insurance experience, the years of leaving will be included in the calculation. Patronage is free of charge. Compensatory payments are made for those who do not work, do not receive unemployment benefits and take care of a disabled or disabled group I.

In 2006 this amount was 500 rubles. In 2008, in accordance with the President's Decree, the amount was increased to 1,270 rubles. Older retirees who have reached the age of 80 years receive an additional payment to the pension, but the law does not oblige them to give this money for patronage.

You can register patronage in the district department of the Pension Fund by submitting a passport or a document that replaces him and a work record book, a certificate from the Employment Office, a statement of the old man and his own. It is possible to carry out such care for five elderly and needy people. Patronage is free of charge.

Guardianship and guardianship of the elderly in the form of patronage

In accordance with the article of the Civil Code of the Russian Federation, 41 guardianship in the form of patronage (that is, without a court decision) or custody of an elderly person can be appointed with the consent of the citizen, which will later be patronized.

The decision is made by social services. If a person is physically weak and it is difficult for him to go to the store on his own, pay utility bills, perform other actions, then the guardian can do this by signing a trust management agreement with the custodial citizen.

Even if custody of elderly parents is committed, you must pass all the prescribed procedures in the guardianship and trusteeship bodies, obtain the right of guardianship and enter into a contract with them to dispose of property, to carry out transactions of domestic and other nature. The trustee has the right at any time to terminate the contract at his own request.

Before entering into a contract and taking custody of an elderly person, you will need:

• A statement of the person to be looked after, written by him personally.
• Statement of the trustee.
• Passport or other document.
• Medical certificates confirming that a person needs care.
• Information on registration of both parties (place of residence).
• A candidate for trustees must present positive characteristics.
• Acts that testify to the material and living condition, both the trustee and the person in need of guardianship.
• Written consent of the relatives of both parties.
• They can request information from various dispensaries (tuberculosis or psychoneurological) from the candidate for caregivers.

The decision is made within a month. Copies of orders must be issued to the trustee and the guardian. After a positive decision within a period of three days, it is necessary to make an inventory of the property of the client in duplicate and in the presence of third parties who sign the inventory. This act will help to avoid unreasonable accusations in the future (or to make substantiated claims).

Under the custody agreement (in the form of patronage), the guardian can receive remuneration by concluding a contract with the client.

Custody of an elderly person

Guardianship is established only when a court decision has been rendered and a person has been found incompetent. The degree of incapacity is established directly during the trial. Registration is lingering, sometimes up to a year, it takes a long time to collect information.

In addition, having received by trial, for example, custody of elderly parents, a citizen can not be heir by law and does not receive such a right, he can only become one by a will or on the basis established by law. And if the court establishes incapacity of parents when appointing guardianship, then the drafting of the will will be problematic.

Social services have the right to check how custody of the elderly is carried out, to demand a report on the expenditure of funds, have the right to remove the guardian from his duties if the latter does not perform well. Obligations for patronage are provided free of charge. Guardians can not dispose of or use the property of the sponsor.

Jurisprudence is an area of very specific, the subtlety and complexity of the law can only be explained and correctly interpreted by a specialist. Consult with a lawyer, before starting litigation with relatives or taking care of an unfamiliar elderly person. When help turns out to be unselfish, it's one thing. In receiving remuneration for work, there is also nothing reprehensible, but for a clear understanding of how and what to do in a particular situation, and what to expect - this is where the lawyer's help is needed.