With age, it becomes more and more difficult for many people to perform basic household tasks and monitor their health. In this case, custody of an elderly person becomes the only way out for relatives or caring people to take care of their loved ones. Let's talk about how such a relationship is formed between the two parties, and what kind of algorithm of actions should be followed so that everything complies with the norms of the current legislation.
Who can become a trustee?
Under certain conditions, absolutely anyone can take custody of an elderly person (naturally, over the age of 18). It can be a close or distant relative, and if desired, even a stranger who does not have family ties with the needy. In the latter case, additional requirements are presented that will need to be satisfied (to give consent from the blood relatives to such guardianship).
Interesting nuances about custody
In society, there is often an opinion that the newly made guardians of elderly citizens are guided primarily by mercantile goals and seek to enrich themselves by deceiving elderly citizens. In fact, everything is not as simple as it might seem at first. Even having drawn up a proper contract, today's applicants cannot become heirs to the property of the guardian automatically, they do not have the right to do so. However, a capable pensioner may well make a will in favor of the person who takes care of him.
What is patronage?
Guardianship over an elderly person can take two forms. So, patronage is allocated (care for a competent disabled person) and full custody (it is understood that a pensioner is not aware of his actions and cannot make independent decisions). We will get to know each category in a little more detail, because in addition to common goals, such types of care and care have quite a lot of differences.
So, how exactly is patronage issued? This form of guardianship is regulated by the Civil Code of the Russian Federation, namely, its 41st article. A guardian can be appointed to an elderly person only by his consent and desire (written). In this case, all the same guardianship authorities. What rights and obligations in this case does the agent have? These include:
- disposal of property on the basis of a formal contract (only if such a right is registered and executed in accordance with state standards);
- making domestic transactions aimed at ensuring the health and normal life of the ward (with the oral consent of the latter);
- providing the necessary care and treatment;
- Representation of interests of the ward.
How is patronage issued? List of required documents
How to arrange custody of an elderly person in the form of patronage? What documents will need to be submitted to the appropriate government organization? The list of securities must include:
- a statement from an elderly person about the need to appoint a guardian;
- official confirmation of the need for guardianship (for example, the conclusion of a medical commission);
- a statement from the applicant who wishes to represent the rights of the person in need;
- passport of a citizen of the Russian Federation or other suitable identification card (original and copy);
- characteristics of the applicant from the place of work or educational institution (about personal qualities);
- medical certificates of the applicant (about the state of health, about the absence of diseases, disorders, addiction, etc.);
- the consent of the relatives of the guardianship for patronage (immediate relatives);
- certificate of inspection of the living space of the applicant.
The specified list of documents may be expanded or reduced depending on the wishes of employees of guardianship and trusteeship bodies. For the implementation of patronage, it is not necessary to move anywhere; a guardian will only need to regularly visit his ward to carry out the necessary actions.
Caring for a legally incompetent pensioner: where to start?
Guardianship of an incapacitated elderly person can only be formalized through a court of law (Arbitration Court). During meetings, incapacity is established and recorded, and a decision on the appointment of a guardian is also approved. In the future, the resulting decision will need to be submitted to interested state authorities. It is necessary to take into account the fact that the court does not always make a positive decision, the request can be rejected, and the legally incapable person is placed in a social institution, which will provide the required care and treatment. If a similar situation occurred with you and the person you planned to take care of, be sure to clarify the reasons that led to such a verdict, perhaps they can be corrected or challenged.
The list of necessary papers and certificates for the organization of full custody
When a positive decision is made, a full custody of an elderly person begins to take shape. Documents you need to provide include:
- an application for the appointment of a candidate as a guardian;
- document confirming the incompetence of the guardian (court decision);
- an act of inspection of the premises owned by the future trustee (provided last, as a rule, inspections are carried out after a complete set of papers has been submitted);
- the consent of relatives to the actions of the potential trustee (all living together with him in the same territory, including children over the age of 10 years);
- the consent of the relatives of the guardian, if the candidate for trustees is a stranger to the first;
- certificates of availability of real estate (or registration, registration);
- certificates from the medical commission about the state of health, absence of diseases;
- certificates of no criminal record;
- marriage certificate (if the future guardian has a spouse)
- income statement for the last year (the document indicates the average earnings for 12 months);
- autobiography.
If necessary, the list of documents can be expanded.
Availability of financial rewards
Custody of an elderly person is a purely voluntary affair; the trustee does not receive any additional benefits or financial resources for fulfilling his obligations. Possible advantages include only the enrollment of the time period spent on guardianship in the seniority. As regards monetary remuneration, in exceptional cases it may also be appointed, but its size is rather insignificant. State support is assigned to the guardian in case of:
- his cares for a disabled person of the first group;
- lack of an official place of work.
Termination of Commitments
Custody of an elderly person may be suspended in a number of cases stipulated in Federal Law No. 29. These include:
- death of one of the parties;
- removal of a guardian from his duties;
- violation of the rights and interests of an elderly person;
- improper performance of duties.
All the reasons why a guardianship agreement for an elderly person can be canceled are indicated precisely in the Federal Law No. 29, in addition, some information can also be obtained from the 40th article of the Civil Code of the Russian Federation.All relations between the parties terminate at the time of signing the relevant act by the interested state bodies. If the guardian does not agree with the decision, he will need to contact the court and challenge it. As a rule, it is difficult to do this, since the guardianship authorities provide irrefutable evidence that could have been obtained as a result of one of the regular inspections.
Instead of a conclusion
Making custody of an elderly person for many pensioners is the only opportunity for a normal existence. The applicant for full care and patronage must have significant moral qualities, since the care, treatment and representation of the interests of another person is carried out completely free of charge. When deciding to take custody, carefully weigh all the pros and cons, remember that you have a significant responsibility.
