Guardianship is a form of protection of the rights and interests of young children left without parental care, the elderly and disabled people

Trusteeship is a rather important process that interests many people. Especially those who are going to take the child to the family from the orphanage. Or who has relatives who belong to the category of elderly people. Guardians have special rights and duties in Russia. In addition, it is worth remembering that in order to become a guardian, you must follow certain rules and meet the requirements. So what is needed for this? What should future guardians know about?

Definition

To begin with, a little about what the process is really about. Guardianship is the arrangement of underage children who have been left without parents. As a rule, it is used for persons under 14 years old. The arrangement of minors occurs in families. Until this happens, the appropriate body is responsible for the child.

In addition, custody is a way of arranging elderly people, as well as disabled people who need care. A peculiar form of protection of interests and rights of incompetent or partially capable citizens.

It should be understood that guardianship differs from adoption. As a rule, this process is faster. There are some other features that you should know about. In fact, guardianship is a fairly common form of caring for citizens who have been declared incompetent.

Features with minors

What should you pay attention to first? Quite often, official guardianship is made not over elderly people, but over children. Therefore, this process needs to be given special attention.

So, the first difference from adoption is that the child in that case remains with his personal data. That is, the surname, name and patronymic do not change. Plus, parents (previously legal representatives) are not exempted from the responsibility of the minor's content. The guardian simply performs the function of a citizen who is responsible for the care, education and upbringing of the child.

The second point: a guardian is assigned to one person. Most often, guardianship is a kind of preparation for adoption. A guardian is paid monthly a benefit in the amount established by law for the maintenance of a minor.

The third nuance is the requirements for the future legal representative of the child. To the guardian they are not nominated as serious as the adopter. And it pleases. For example, in relation to housing conditions.

Restrictions for the guardian

It should also be borne in mind that custody is not a complete legal representation of a person. For example, a child. Guardians in Russia have special rights, but they are limited in their actions.

How exactly? What can not be done by a person who has been recognized as a guardian? The following restrictions apply to it:

1. Disposing of any property of the ward, the guardian has no right. This is possible only with the permission of the guardianship authorities.
2. You can not make any transactions that reduce the welfare of the ward, as well as aimed at violating his interests.
3. Money and securities that belong to the sponsor can be spent. But only, again, with the permission of the guardianship authorities. At its discretion, this is prohibited.
4. Prohibited transactions in which the other party is a trustee. That is, with the one on whom custody is registered.

It is these restrictions that are imposed on modern guardians. There are no more significant prohibitions. You can say that the rest of the person will be the parent of the child who provides care and education, as well as training for a minor.

Termination of guardianship

Sooner or later, there are moments that lead to the cessation of custody of a person. For example, over children. This variant of the development of events most often takes place. Therefore, it should stop its attention.

In which case does custody stop? Children who have reached the age of 14 are no longer cared for. They, as already said, such a form of device in the family does not fit. After 14 years, guardianship is automatically established over children. It is no longer possible to return to guardianship matters. Only if the child is recognized as completely incompetent. For example, mentally ill.

And what about when it comes to an elderly person? In this case, as a rule, guardianship does not cease in principle. There are only 3 options in which this event is possible. Namely:

• Death of the person under guard;
• Judicial decision;
• Failure by the guardian of his duties (or improper care).

Most often in practice, it is the first option. Custody of elderly people, as a rule, gives certain rights to citizens. And many of them are interested.

Who can become a guardian

The thing is that not all can become trustees. As already mentioned, certain requirements are put forward to them. Not too hard, but they will have to comply without fail.

Usually, under the guise of guardians, the relatives of the guardian act. For example, aunts or uncles of a child. Or his grandparents. If we are talking about the elderly, then custody of them make out either children, or grandchildren, or great-grandchildren. These are the most common variants of the development of events.

However, guardianship (the definition was already given earlier) can be issued by any capable adult person. He should be able to keep the ward.

People deprived of parental rights can not act as guardians. As well as people with a criminal record for the intentional damage to life and health of citizens. Not necessarily old people or children.

Duties

Guardianship over minors is a big responsibility. The same goes for older people. Official representatives receive not only rights, but also duties. Which ones?

What does the guardian do? What functions does it perform? In fact, they have already been told about them. Regardless of the age of the ward, the following duties are imposed on the guardian:

• Care for a person;
• Ensuring proper treatment;
• Provision of education (most often applied to children);
• Protection of the incompetent;
• Full content of the ward.

Also here it is possible to attribute responsibility for the profit from the property of the citizen, over which the guardianship is registered. But at the same time, as already mentioned, without reducing the well-being of man. For example, through the rental of real estate.

When assigned to a child

The Board of Trustees (other name of guardianship authorities) may in some cases independently appoint a guardian to the child. But when exactly is it necessary? In what situations is the minor taken into custody?

At the moment there are several options for the development of events. Among the most common reasons are:

• Death of parents;
• Restriction or complete deprivation of the parental rights of legal representatives;
• The inability of parents to support a child due to long illnesses;
• Prolonged absence of legal representatives;
• When parents (biological) pose a danger to children;
• If the legal representatives of a minor have not turned 16 years old.

Children's Rights

What else is important to know? The thing is that persons who are under guardianship are entitled to certain rights. Most often, as already mentioned, we are talking about minors. Therefore, it is recommended to understand their example in what rights they have. The remaining citizens, as a rule (if they were not recognized as inadequate), there are similar opportunities.

Children who have been registered as guardians have the following rights:

• To live in the family of a guardian or trustee;
• Respect, education and care by the appointed representative;
• To communicate with relatives and parents;
• The expression of one's own opinion in matters that affect the interests of the person under guard.

For all citizens, property rights to real estate are secured at the same time. But under certain conditions, only the legal representative of a citizen can dispose of them. And only when the custodial advice gives it.

If the owner does not own a home (the shares are also taken into account), then such a person will have the right to receive housing. In the case of children - after reaching the age of majority. At the same time, the guardian has no rights to the real estate provided.

Design rules

It is necessary to remember how the process of registration of a citizen as a guardian is proceeding. In fact, it is not so difficult to do. Especially when it comes to cases where custody of elderly people is incompetent.

The first thing a citizen who wants to become a guardian is to collect a certain list of documents. About them a little later. Once the package is ready, you can begin to take decisive action.

It is necessary to write a statement of the established pattern and refer it with certain documents to the guardianship and trusteeship bodies . Within 7 days a commission is appointed, which will check the compliance of housing with the minimum requirements for the residence of the ward. If there are no complaints, the guardianship authorities make a positive decision and formalize custody.

Similarly, the process takes place when the guardian is appointed to the disabled person. Or an underage child. Particular attention should be paid to the package of documents submitted to the guardianship authority.

Documentation

Guardianship is the process to which one has to approach with responsibility. When submitting an application of an established sample, you must attach, as already said, a certain package of documents.

What do they mean? Required to bring:

• Identity card of the applicant;
• Information on income for the year;
• Conclusion from the doctor about the state of health of the future guardian;
• Certificate of marriage / divorce (if any);
• Consent from all family members to live with them (if someone lives with a potential guardian);
• Autobiography.

Additionally, they can request any statements that confirm the welfare of the citizen. This is normal. As a rule, this package of documents is sufficient for the guardianship authorities to make a decision.