The issue of guardianship over an elderly man

Currently the situation is such that many citizens who have reached retirement age, still working. However, the ability to work is not all retirees. Not every person older than 70 years can boast of excellent health.

Of Course, many seniors are able to care for themselves, to buy food, medicine, independently to visit medical facilities. However, there are many elderly people who can't do without the help of outsiders. Generally, such citizens more than 80 years. Guardianship of an elderly person may be the only way out in such situations. Next, let's consider the peculiarities of its design.

Types of aid for pensioners

The law provides two options for the implementation of care for the elderly citizen: patronage or guardianship of an older person 80 or more years.

The First option is used in case where a pensioner has no mental disorders and disabilities, however, due to the physiological reasons for it to take care of themselves can not. In such cases a special contract is made. It specifies the obligations and rights of the subjects, the conditions of assistance grounds for termination of the contract. Making agreements is regulated by General civil law rules on bilateral transactions.

The Second option is used in cases when retired due to mental disorders can not independently to care for themselves. In such situations, it is generally accepted incapacity of the person in court. Usually, this condition occurs in people older than 80 years. Guardianship of senior citizens at this age requires a lot of effort and time. The fact that it is necessary to ensure almost around the clock. Not everyone can take on that responsibility.

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Who can become a guardian?

For registration of guardianship over the elderly person must meet certain requirements. They are fixed in the current legislation. So before to arrange guardianship of an elderly person 80 years and older, it is necessary to examine the rules governing the issue.

It is Worth saying that the guardian may be a close relative of the pensioner or the person not having need of nothing. If candidates will be more, the choice is usually made in favor of the most close person.

The local office of the guardianship authority is obliged to keep records and individuals in need of care, and candidates. Authorized employees must notify relatives of a person found incompetent to place information in the official media or otherwise make the information public.

Within three days from the date of entry into force of the decision on recognition of the subject is incapacitated this is known to the territorial office of the guardianship. After receiving the copy of the decision publish information on need, starts recruitment for the assistance. The identity of each applicant is carefully checked.

Eligibility Requirements

Guardianship of an older person may be done by the citizen.

1. Of age.
2. Not having a mental illness, not suffering from drug addiction, alcoholism, substance abuse.
3. Being fully capable. Against him should not be put into effect court decisions on the recognition of partially or completely incapacitated.
4. Not having been convicted of crimes against the person. Speech, in particular, homicide, bodily injury, sexual assault, kidnapping, etc. it is Worth noting that a conviction for evading the obligation to pay alimony may also be the basis for refusal to the candidate.

In addition, taken into account the moral qualities of the person. For example, the subject may be refused if they revealed numerous regulatory violations. If, for example, a candidate was prosecuted for disorderly conduct, drinking alcohol in public places, etc., the guardianship authority has the right to deny him custody of the older person.

An Unconditional basis for the negative decision – termination of guardianship due to misconduct by the Trustee.

Also Important and the physical ability of the candidate. If the applicant has a severe disease, it needs treatment, gentle treatment or he needs care, to exercise guardianship over the elderly person it is unlikely. In such situations, the competent authority can reasonably refuse the candidate.

Nuances

In each case, if circumstances permit, the guardianship authority may take into account the opinion of the needy. A positive decision on the appointment of the guardian can be relied if between him and an older person has established a friendly relationship. Conflict, hostility, certainly in a negative way can affect the condition of the person in need of care.

Legislationallowed custody of an older man of a few individuals. For example, it may be spouses, convenient care for the pensioner in shifts. However, one person may become a guardian for just one elderly person.

What will happen to a needy person in the absence of candidates to the Trustees?

Unfortunately, such situations a lot in practice. In the absence of the pensioner relatives or with their unwillingness to provide care, the state takes it under his protection.

The country has created specialized institutions, in which people are left without support to care homes for the elderly. If an elderly person is in an institution, the custody of him shall not be issued.

In the homes of elderly citizens receive necessary care and attention. For many older people being in these institutions becomes a real salvation from loneliness. People do not feel abandoned.

How to issue guardianship over the elderly person?

You first need to apply to the territorial office of the guardianship authority at the place of residence of the indigent citizen. It shall contain information on the person wishing to provide care, information about the pensioner, the degree of kinship (if any), age.

It is Worth saying that the documents in custody of an elderly person 80 years or more and can be submitted to the MFC. The multipurpose center is also chosen in the place of residence of the indigent person. However, most candidates turn to the guardianship authority. This is because authorized employees of this structure can give detailed advice on the collection of documents in the custody of an elderly person 80 years (or other age), to answer any questions related to the procedure.

Annexes to the statement

When you contact IFC or the guardianship the applicant provides a certificate from the employment. This document specifies experience, job title, average salary over the last year.

If the applicant is not officially open, you must provide proof of income. If the candidate is registered in the employment service provides help from that body with information about unemployment benefits, accrued over the past 12 months.

If guardianship of an elderly person 80 years or more, wants to make the retired, has a pension certificate. When this request is made to the territorial division of the FIU about charges received by a citizen over the past year.

Regardless of your age of the potential guardian provides a medical opinion about the condition. It is issued by a competent medical institution. The conclusion should contain the survey results from the following experts:

1. TB.
2. Therapist.
3. Infectious disease.
4. Psychiatrist.
5. Psychiatrist.

The List of doctors drawn not by accident. The medical Board needs to establish the absence/presence of diseases included in list invalid for child custody.

For example, if the candidate is positive for tuberculosis, mental illness, cancer, disability 1 oz., care of another citizen he cannot do. It must be remembered that the medical report has a time limitation. It is really only three months. If after this period no citizen will have to apply for guardianship, the conclusion will need to reapply.

If the candidate is married, he must provide a copy of the certificate.

If the applicant wishes to transport the pensioner to his home, he requires the consent of all the persons living together with him, including children under 10 years of age. It is worth noting that prior to 2012 the applicant was required to provide a certificate of compliance of its housing current health standards. Currently this document is not required. However, the applicant is required to provide a copy of the title paper for housing. This may be evidence of the right to property, the lease agreement or contract of employment.

In agreement with guardianship are allowed with a guardian and a ward at the residence of the latter.

A Mandatory document for the applicant is an autobiography, with details about its preparation to communicate with those in need. The latter are included in the document, if the applicant has passed the relevant courses (if they are present stay).

The list of required documents for guardianship of an older person included the certificate of no criminal record. It is issued by the regional information center of the UVD.

It is Worth noting that no one can be forced to issue guardianship over the elderly person (over 80 years of age or younger). The decision, the applicant must accept voluntarily, aware of the possible difficulties and liability.

Actions of the guardianship

As a rule, in 15 days from the date of receipt of application the authorized structure checks the submitted documents. According to her results, the guardianship authority makes a decision. If it is positive, an act for the appointment of the guardian. If it is negative, respectively, the candidate is rejected. The guardianship should leadthe arguments for this decision.

The Legislation provides for the possibility of the applicant to appeal the denial. To do this, the claim is filed in court. In doing so it must provide evidence of a good faith effort to help the needy person.

I Must say that, in practice, cases challenging failures are fairly rare. Most often disputes arise in connection with the discontent of some relatives appointed guardians of other family members.

You Must understand that from the date of establishment of guardianship the subject of caring for a pensioner, automatically becomes the heir.

Duties and rights of Trustees

The Subject of caring for the needy citizen, qualified to be a representative of the latter in various institutions, including the public. However, he must act solely in the interests of the ward.

In the instrument of appointment (if is free) or contract (if the guardian receives a reward) can be the prohibition to perform any acts that infringe the rights of the indigent citizen. For example, can limit the ability to dispose of property of ward, the expenditure of benefits, which he paid, and so In some cases it is prohibited to change the place of residence of the person receiving care.

The duties of a guardian include providing periodic reports on the expenditure of funds and the condition of the property of an elderly person. As a rule, they are submitted once a year.

Paid and free

As a General rule, the custody of the pensioner is free. However, if the authorized body deems it necessary, a citizen, expressed a desire to provide care can be contracted. This must be done in the interests of the ward.

Funds for the remuneration of the Trustee can be allocated from the income of the elderly person. However, their size may not exceed 5% of the amount of all revenues. In addition, funds may be allocated from the Federal budget. Usually set a fixed amount which is periodically indexed.

The guardianship Authority may also allow care person to use a vehicle wards instead of paying him compensation.

Control

The Activity of the guardianship authority is aimed at securing the interests of individuals in need of care. Federal legislation defines the main directions of the structure. The guardianship should:

1. To monitor the quality of care for the disabled.
2. Verify the place of residence of the pensioner to meet sanitary-epidemiological norms.
3. Monitor the provision of ward foods, medicines.

The First check is performed a month after the approval of the guardian, follow-up – once in 3 months. Since the beginning of the second year of guardianship monitoring is carried out once a year.