At present, one must understand that no one is insured. The situation when a close relative or friend became disabled can happen to everyone. And then the question arises: how to draw up the necessary documents, and what payments are due to incapable citizens? Of course, the money issue often does not play a role in such cases. Guardianship of a disabled person of group 1 is a rather complex process, characterized by difficulties not only in physical terms, but also in the collection and preparation of documents.
Who can be recognized as needing custody?
The legislation of the Russian Federation clearly defines the category of citizens who need guardianship. According to the Civil Code, guardianship can be established over young people, when they still cannot exercise their rights on their own. Another category that needs guardianship is mentally unhealthy people who, due to the disorder, cannot be responsible for their actions and do not direct their actions.
In the first case, everything is clear, but the second causes certain difficulties. Guardianship of a disabled person of group 1 requires recognition of a citizen as legally incompetent. The fact is that the law indicates only one reason for this - mental disorder. A person can receive one disability group in different ways, but it is still necessary to prove the need for guardianship.
Judicial practice shows that there is an opportunity to do this. To do this, you need a medical report according to which a person cannot independently carry out various actions.
How to become a guardian?
People who find themselves in such an unpleasant situation are wondering: how to take custody of a disabled person of group 1? To do this, you must go through a special procedure. In case of assignment of the status of a “guardian”, a person can count on government payments. For registration, the following conditions must be met:
- a person must be able to work;
- do not have a criminal record;
- without mental disorders.
It should be noted that priority is given to immediate relatives. In addition, the guardian must simply meet moral requirements. To officially be called a trustee, you need to draw up this status. To do this, you must:
- collection of necessary documents;
- providing information on disabilities;
- submission of papers to social security authorities.
Usually, a guardianship application is considered within 15 days. If the social authorities do not agree with the candidacy, the documents will be returned and they will be followed by a written refusal.
Who can receive guardianship payments?
It would seem that the answer can be found in the question itself: the one who cares for the disabled person receives money from the state. However, in fact, there are several conditions under which the guardian has the right to accept monetary compensation:
- a person caring for a disabled person must be of working age;
- he cannot officially work anywhere;
- a disabled person must have a certificate of assignment of a group.
The first condition implies the ability of the guardian to independently perform duties. There are times when minors or elderly people look after a disabled person, although they themselves need it. It follows that the allowance for caring for a disabled person of group 1 can be received by a man aged 16 to 60 years, and a woman aged 16 to 55 years.
The second paragraph means that the payment of a pension compensates for income from other activities.If the guardian has a permanent job, no allowance will be awarded to him.
The third condition is characterized by the presence of a certificate of incapacity for a person who received a disability of group 1. In other words, a medical report is needed, which confirms the impossibility of the disabled person to carry out certain actions.
Payment Laws
What should be disabled for group 1? Of course, state support in the form of benefits and various benefits. The amount of compensation is determined by the government, and in the legislation there are specific amounts that are now reimbursed to disabled people of group 1 and their guardians.
In this case, the document that can be referred to when determining the amounts is Government Decision of 04.06.2007 under No. 343. This provision governs and regulates the procedure for payments.
Amount of cash payments
How much do they pay for guardianship of a disabled person of group 1? At the moment, this amount is 1,200 rubles per month. This is a fixed price, which can increase, given the regional characteristics. For example, in the Far North, an increase factor is used for this amount due to geographical location. This practice applies to other categories of social benefits.
A person with disabilities from childhood of group 1 upon reaching adulthood may qualify for payment in the amount of 5,500 rubles per month. But provided that the guardians are the parents, or the guardianship is formalized. In any other situations, the payment will not exceed 1,200 rubles per month.
How to issue a guardianship?
To receive the allowance for caring for a disabled person of group 1, official registration of guardianship is required. To do this, you need to collect documents, and send them to the social protection authority, which finds a person with disabilities at the place of residence.
Initially, you should write a statement. It is best to contact a social worker, as it is possible that there is an established form by which you must fill in the data. Documents to be attached to the application:
- application form and autobiography, they are filled in a free form;
- necessary information about the person, referring to the passport data;
- a certificate or other document confirming kinship with the disabled person or the consent of the next of kin to establish custody;
- information about the applicant’s income in order to find out if he will be able to support the ward;
- passport data of a disabled person;
- medical certificate confirming the assignment of the group.
After filing these documents, social institutions consider the application. After that, the conclusion of the guardianship and trusteeship body on the acceptance or rejection of the candidacy is issued. If the result is positive, the future guardian will be called within 15 days to issue the documents.
State benefits
Everyone knows that people with disabilities are given a certain monetary compensation. But what is supposed for disabled people of group 1 except her? The answer is obvious - benefits. The state helps disabled citizens and their guardians as follows:
- discount on utility bills;
- the guardian can use the property of the disabled person (without prejudice to the course);
- additional payments for the guardianship of parents with disabilities and children with disabilities.
In order for these benefits to take effect, you must contact the Pension Fund at the place of residence. In the case of patronage, payments can be made from the pocket of the ward. The specific amount is negotiated between the guardian and the disabled person. There is a restriction according to which the total amount of payments should not exceed 5% of the ward's income.
Guardianship of a disabled person of group 1 is supported by the state, albeit with small payments. The trustee must play a positive role in the life of an incapacitated person, and therefore they are required to provide reporting. The size of payments also depends on these documents.
How to live on money from the state?
It's no secret that in the modern world it is simply impossible to live on 1,200 rubles a month. At the same time, this payment is made only if the guardian does not officially work anywhere. It turns out that pension is the only source of income.
In this regard, many refuse to formalize guardianship and continue to work. Some try to find another source of income, often of a home-based nature. In any case, it is very rarely possible to ensure a decent standard of living for the guardian and ward. Unfortunately, the state does not provide the necessary support.
One can only hope for an increase in the amount of compensation for caring for the disabled. The state in all its manifestations must take care of the social sphere of society, including incapable citizens. Guardians should be encouraged with cash payments, as they do a good deed, and thereby maintain the country's social level. In the near future no changes are expected on this issue. People can only wait until custody of a disabled person of the 1st group will be appreciated.
Conclusion
Disability is a terrible phenomenon, and even the enemy will not want this to happen. However, modern realities are such that anything can happen and with anyone. Therefore, you need to know what documents will need to be collected and where to apply in case of such a situation.
Guardianship for people with disabilities is not currently encouraged by the state to the extent that it is appropriate. However, people have no choice, as relatives or close friends with disabilities need care. Now the guardians are paid 1,200 rubles per month for the maintenance of the ward. This amount is not enough for a week, not to mention more time. It is hoped that soon the situation will change for the better. After all, those who look after people with disabilities, in fact, deserve it.