A trustee is who? Rights and duties of a trustee. Who can be a trustee?

Legislation on marriage and family provides for the possibility of third-party support for citizens who are not able to defend their interests on their own. In particular, legal norms regulate the practice of guardianship, according to which third parties can perform custody functions. In most cases this applies to underage children without parents. To help small citizens comes a trustee - a person who, to some extent, assumes the duties of a parent. The law regulates the rules by which a guardian can be appointed, as well as his rights and responsibilities.

Who is the trustee?

The functions of a guardian can be performed by a person who meets the requirements of the law in the field of guardianship. In this case, he may have different tasks. As a rule, the main range of functions that a person performs in this status includes education and, in general, protection of interests that a direct parent can not provide for a variety of reasons. The trustee has the right to shift his duties to other people, as his functions are personal. The most common case of this practice is the appointment of a guardian of a person who decides to take care of a child left without parents. In this case, the functions are coordinated with the guardianship authorities, after which the appointment of a person as a trustee occurs.

In respect of whom can guardianship be established?

Most often the practice of guardianship applies to children who have lost their parents. But it is important to consider two points. First, guardianship is established only over citizens who have not reached the age of 15. Secondly, the appointment of a person as a trustee is possible even during the life of a minor's parents. For example, this is allowed if there was a deprivation of parental rights, as well as in the case of incapacity of the father and mother. In addition , a guardian and a trustee may be appointed in relation to adults. In this case, there are people who do not have the opportunity to take care of themselves and protect their rights. This example shows that the trustee can not be considered as a substitute for the parents. Such persons can perform only part of their functions in terms of care, care and various assistance in the domestic sphere.

Duties of the Trustee

The main duty of the guardian is to ensure proper upbringing. This applies, above all, to the guardianship of children. The family of the person who has undertaken such duties must create acceptable housing and living conditions. In addition, the guardian must control his ward so that he aspires to cultural leisure activities and reasonably spent his money. The duties of the guardian also include the timely treatment of the child taken into care, and, if necessary, the protection of his interests in the judiciary.

According to the rules, the guardian must ensure cohabitation with the ward. It is not necessary that the place of residence will be just the apartment or the house of a minor. There are cases when guardians relocate children to their homes. However, as an exception, supervisors can give permission for separate living. But in this context it is important to remember that the trustee is a person who should not only be engaged in upbringing, but also create prosperous living conditions. Therefore, separate living is allowed if the ward is already 16 years old, and he is adapted to an independent life.

Are there any material obligations?

Trustees do not have obligations regarding the material maintenance of persons who are under their care. All the money spent by them in the process of detention must be reimbursed from the funds of the person in charge. In particular, pensions, scholarships, alimony, etc., can be used for this. If there are no sources of income, then the guardianship authorities assign special allowances for maintenance. This example shows that the trustee is not a parent, but a person who can manage the money of the person being cared for. Of course, all expenses should be intended solely for the maintenance of the ward - for example, it can be the purchase of clothing, products. Moreover, the trustee must report annually to the guardianship authorities about how he spends his money. In the report, for example, goods checks, receipts for payment and other documents confirming expenses for the intended purpose should be noted.

Rights of the Trustee

In addition to duties, civil law gives guardians a fairly extensive rights, which, however, also apply to their immediate functions. For example, the guardian may, at his discretion, give the ward to the appropriate institutions for upbringing and education. These can be kindergartens, gymnasiums and schools. Also, the rights of the trustee are given the opportunity to demand the return of the guardian from a person who keeps him without legal grounds. If we talk about protecting the rights of the ward, they are expressed precisely in the dissolution of treaties that infringe upon his interests.

For example, if a trustee has independently concluded a contract that contradicts his rights, then the trustee can terminate the transaction. In this regard, it should be borne in mind that the guardian is the legal representative of his ward and can perform legal operations on his behalf. But here two aspects should be understood. First, the guardian can make such transactions solely in the interests of the ward. Secondly, all actions of this kind should not be carried out in place of, but along with the person being cared for.

Appointment of a trustee

It follows that, according to the law, citizens and relevant organizations are required to report to the guardianship authorities of cases where people are deprived of due custody. For example, when a child dies parents. After this, a survey of the conditions of a person's life is carried out and a decision is made to move to a boarding school, a boarding school or an orphanage. At the same stage, the assignment of custody duties to third parties is allowed. That is, until the fate of the child is determined exactly, the guardians are engaged in upbringing and care. Trustees of children are not appointed in cases where the boarding school, for example, can fully provide for upbringing.

Who can become a trustee?

According to the requirements for guardianship, only adult and capable citizens can perform the functions of a trustee. At the same time, the list and restrictions of a different kind are quite wide. Since the trustee is a person who is involved in the upbringing of children, people with a criminal record, as well as having a chronic illness of drug addiction or alcoholism, are not allowed to do this. Also, the guardianship authorities do not consider applicants for the duties of a trustee who were previously suspended from such activities or deprived of parental rights.

Custody of property

Although most cases of the institution of guardianship apply to the guardianship of minors and incompetent people, the law regulates another direction that provides for the protection of property. However, in this case, the guardian and the trustee also fulfill the duties related to the upbringing and care of the person in need. Ensuring the safety of its property is already a secondary function. But this does not at all mitigate the requirements for the proper performance of duties of this nature. So, if the guardianship authorities find improper performance of tasks to protect the property of the ward or inexpedient disposal of his material values, it is possible to draw up acts on compensation for losses incurred.

Conclusion

Despite the strict procedure for establishing guardianship, there are factors that are not always properly taken into account by the relevant authorities. The fact is that the guardian of a minor, in addition to all the requirements indicated, must also have moral and moral qualities, which can be difficult to determine. Working with children, which involves education and care, completely excludes the immoral behavior of the guardian. Unfortunately, it is not always possible to identify such symptoms at the stage of guardianship approval. For this reason, the legislation in this area seeks to entice the participation of a larger number of third-party citizens who can make a significant contribution to the identification of disadvantaged families.