How to issue a guardianship? This question is rather complicated, characterized by a large number of various bureaucratic delays. In order to positively resolve such a process, it is necessary to clearly follow a certain algorithm of actions. Let's talk in more detail about how to act in certain situations, where to go, and what documents should be collected. Perhaps such information will be useful and necessary for you.
Basic process information
How and where do guardianship take place? Such a question can perplex any unprepared person. If it became necessary to formalize the care of a dear person, you must be prepared for the fact that you have to go through a huge number of checks, hearings and other delays. Be patient and start collecting the necessary documents. When starting the process, remember the following key tenets:
- the package of documents and the procedure for the most part are unified, but may vary slightly depending on who you want to take custody of;
- full custody is recognized only over a legally incompetent or minor person, in other cases only patronage can be issued;
- only a court can recognize a person as legally incompetent;
- you can take care of a competent person, however, in this case, patronage is issued;
- The paperwork is dealt with by the guardianship and trusteeship authorities.
Child custody: list of required documents
How to make out child custody? Without fail, you will need to prepare a rather impressive set of documents and certificates. These include:
- passport of a citizen of the Russian Federation (if necessary, both spouses);
- application according to the established model (issued by the guardianship authorities);
- a certificate of employment confirming the level of income (for the last year);
- certificate of ownership of real estate (registration, registration and more);
- certificate of medical commission (absence of diseases);
- pensioner's ID;
- autobiography (if necessary, and characteristics of the applicant);
- a statement from other family members (living with the applicant), in which he expresses agreement with the actions you are taking;
- Marriage certificate;
- certificate from the police department (confirms the absence of a criminal record).
Action algorithm
What actions should be taken after all the papers are collected? We will try to present the entire algorithm in the form of a concise instruction. Naturally, remember that bureaucratic processes can last quite long and take a lot of time. How to issue custody of a child? What specific actions characterize such a procedure? Registration of custody includes the following steps:
- examination of applicants' real estate and drawing up an act on housing conditions;
- transfer of a package of documents (the list is indicated above) to the necessary state authority;
- obtaining a conclusion of guardianship authorities (valid for two years);
- contacting the appropriate organization to obtain data on children who need custody (local or federal data bank);
- getting directions to get acquainted with the child;
- determination of the opinion of the future ward;
- drawing up an act and a custody agreement.
Who can become a guardian?
However, before answering the question of how to formalize guardianship, it is necessary to determine the persons who can claim such care for the child. They are subject to the following requirements:
- legal capacity;
- adulthood;
- lack of criminal record;
- proper moral character;
- lack of addictions (addiction to alcohol or drugs);
- satisfactory state of health (absence of contagious diseases, for example, tuberculosis);
- availability of special training.
Caring for the disabled: how to make commitments?
Also, quite often you can come across the question of how to take custody of a disabled person? Let us analyze the situation by the example of caring for a patient who does not give a report in his actions to a person. The whole process can be divided into the following stages:
- recognition of a person's legal incapacity in court;
- appeal to guardianship authorities to start the process;
- collection of necessary documents (the list is indicated below);
- consideration of the application;
- performance of duties.
Required List of Documents
As for the necessary documents, their list is also quite large. It is mandatory to provide:
- act of inspection of real estate in the territory of which the applicant resides;
- documents on the property of the potential ward (originals and photocopies are provided);
- TIN;
- consent of the applicant’s family members (if they live together);
- autobiography;
- certificate of medical commission;
- characteristics of the applicant (from the place of work or place of study);
- certificate of employment income;
- a copy of the passport of the guardian and the guardian (as well as the original documents);
- copy of the court decision on incapacity.
On the performance of duties
In fact, it is important not only to know how to take custody of a disabled person, but also what rules should be followed after that. The guardian not only represents the legally incompetent citizen and makes the necessary transactions on his behalf, but is also responsible for meeting the needs of the latter. Each month, the responsible party is obliged to provide reports on the health of the disabled person, as well as the state of his expenses.
What is patronage?
Issue custody of an elderly person who can, but finds it difficult to serve himself, possibly in the form of patronage. This form of care applies only to persons in solid memory. The procedure itself is considered the most simplified and fastest in time. A positive outcome of the case does not require a court decision; everything happens on a contractual basis. The decision is made on the basis of the consent of the ward and appeal to the social protection authorities. How to arrange guardianship of this kind? Again, you will need certain documents, among which:
- passport of a citizen of the Russian Federation;
- certificates of employment about income for the last year;
- application for custody / patronage, drawn up on the model;
- characteristics of the applicant (from the place of work / study);
- documents confirming the availability of housing (on both sides);
- an act with information on the living conditions of the applicant (based on the results of the inspection);
- the consent of all close relatives (on both sides).
A popular question is how to arrange custody of a mother. In fact relation degree almost does not matter. You will need to go through all the same procedures and collect a similar list of documents.
Guardianship of a legally incompetent person
To form a greater understanding, it is necessary once again to dwell on the question: "How to arrange guardianship over an incompetent person?" A similar procedure takes place solely on the basis of a court decision. As a result of the hearings, an appropriate resolution is issued, based on the results of which guardianship can be issued. A mandatory nuance and condition of such a case is a special medical examination.According to its results, doctors draw up a conclusion about the state of the ward, as well as the need and form of assistance for him.
Guardianship of close relatives
Are there any differences in questions regarding how to take custody of parents or strangers? No, and again no, the algorithm of actions will be the same. First, you go to court, get an official opinion, attach the necessary list of documents to it, as well as a statement. Appeal to guardianship authorities possible only with a full set of references. How to arrange guardianship over grandparents? Act in accordance with the same standards and requirements, but in this case a positive outcome is considered the most probable.
Now you know how to take custody. When starting to collect documents, be extremely attentive to the data provided and the correctness of the information in them. If necessary, enlist the help of a lawyer on such issues, and most importantly, prepare mentally, because the custody process implies a significant responsibility for the life, health and interests of another person.