How to apply for guardianship of an incapacitated person? Rights and obligations of the guardian

Today you will learn that guardianship of incapacitated person. Rights and responsibilities as wards and guardians need to understand. It is only then it will become clear what it is, why it is needed, how to implement a task in life. It should be noted that not everyone can be guardians. These individuals put forward specific requirements. And if they do not match, then custody will not work. However, the mentioned feature is a common form of care for the disabled in Russia. Therefore, every citizen should know about guardianship to the maximum. In some cases, such care is beneficial. And not only moral but also material.

Guardianship is...

The First step is to understand what it means to study the term. What is a guardianship?

According to the terms describing the form of the implementation of the care and protection of the interests of the citizens who have remained without care. Usually this concept is used in Russia or in respect of minors under 14, or in relation to the elderly. But and the citizens recognized by court incapacitated, guardianship is also a concern. On them it is installed in a certain order.

Now it is clear that such guardianship of incapacitated person. Rights and obligations of the Trustees will be explained later. You first need to know all the nuances of this type of care of the citizen.

Who can be a guardian

For Example, it is worth remembering that not all have the right to act as guardians. Some individuals are not allowed to custody of incapacitated. Who belongs to this category?

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Currently in Russia to take care of the incapacitated person have the right to:

• All law-abiding adult citizens;
• Partially capable persons (16 years), with authorization from the legal representatives;
• Incapacitated relatives (most often found in practice);
• The bodies of guardianship and guardianship.

Accordingly, all of the previously listed categories of people are potential guardians. As a rule, the relatives take responsibility for the implementation of care for the elderly, disabled or incapacitated persons. This is the most common practice. That still poses a guardianship of incapacitated? The rights and obligations of guardians, the requirements and peculiarities of the process of registration of documents will be presented next. It is actually not so difficult to understand. And if you prepare for registration in advance, no problem will arise.

No rights guardian

Who has the right to act as legal representatives of incapacitated, it is already clear. And who exactly is the right? It is also important to know. It is likely that the potential caregiver is not able to issue documents to care for those in need!

For individuals who will not give guardianship of an incapacitated person include:

• People with a criminal record;
• The prisoners;
• Insolvent (needy) citizens;
• Minor/minors;
• People who have taken once parental rights;
• Social services;
• Bodies that assist the citizen on the farm.

Thus, we can conclude that in most cases the opportunity of registration of guardianship over the person. Enough, as has been said, to properly prepare for the process. What else lies in their guardianship of incapacitated person? Rights and responsibilities and nuances of care for the needy person, the procedure of appointment and termination of guardianship - all there is to know. In fact it is not so difficult as it seems.

Several types of custody

Speaking about the disabled, we can distinguish two forms of care. As a rule, they have occurred in relation to adults. Because of the children there is a full custody. And it is not discussed. How does guardianship of an incapacitated person, rights, and responsibilities, documents for registration as a guardian of what? Often this is determined by the type forms of care for the person.

Of incapacitated adult person can be set:

• Full of care;
• Patronage.

These concepts are quite different from each other. It is therefore important to consider what form of care to choose. Full custody is a huge responsibility. But the patronage imposes on the citizen is not such a serious charge. Therefore, as practice shows, some agree exactly on the second variant of development of events.

Patronage

Patronage is a form of care for an incapacitated adult person. A kind of custody. Only, unlike the full form of this responsibility, it provides guardian significantly fewer rights and responsibilities. What to look for in the first place if people thought about the patronage?

That this type of guardianship may apply only to persons who, because of their physical abilities not able to exercise their rights. That is, over an adequate citizen. For example, on old ordisabled. Or over who has been declared incapacitated due to illness. It is important that the disease was not associated with mental health.

In fact, when the patronage of the guardian should just take care of the citizen. Ward himself makes deals, he is involved in some processes, and the person to protect its interests, just helps you. Incapacitated in such a situation has the right to dispose of their finances, pensions and property.

Full custody

Here such features has custody of the incapacitated person. The rights and obligations of a citizen, apply for patronage, is clear about. Actually want to help the ward in the exercise of his rights and interests.

But, there is such a thing as full custody. Is installed as has been said, over minors under 14 years of age. Or of incapacitated adults, but with special conditions.

Citizen, on which issue full custody, shall be judicially declared incapacitated. As a rule, this form of protection of interests is used when we are talking about diseases of the mind. If the person is in a poor condition, unable to perceive the normal in the light of what is happening around, then established a full guardianship of him. It is a huge responsibility. It is therefore recommended to think in advance about the consequences before you agree on the issue of guardianship. Not everyone realizes that you now have to do.

Duties of care

Now it is clear as can be guardianship of incapacitated person. What are the rights and duties of guardians in this case? Full custody is a huge responsibility. Why?

All because of the fact that the responsibilities of the person who performs personal care and protection of their rights and interests, very much. These include:

1. Full support of the incapacitated.
2. Care ward. And in full measure. This includes the provision of a comfortable life.
3. Treatment dysfunctional. Including the purchase of medicines and payment of health centers.
4. Protect the rights and interests of the ward.
5. Disposal of Finance and property of the incompetent is in his best interests.
6. Increase the welfare of the ward. It is impossible to reduce it, only increase.
7. Any transactions from persons incapacitated. Allowed only those that focus on the improvement of the human condition, and to protect the rights and freedoms protected.
8. Recognition of a capable, over whom are caring. An extremely rare case. Occurs when the person has recovered from illness and became healthy.

Now you understand what dictates the guardianship of incapacitated person's rights and obligations. The collection of documents and registration of the relevant securities to receive guardian status is another nuance that interests many. But before that you need to understand if monetary compensation for the guardianship. This question interests most people.

About cash payments

In General, guardianship is voluntary. And for him, no one will pay. If close relatives or acquaintances were reluctant to act as guardians, to protect and care would be the care. No one is forcing people to take on such a heavy responsibility.

However in some situations, be reimbursed for guardianship of incapacitated person. Rights and obligations, benefits and allowances provided to carers, all of this interested population. Because the care of a particular person - it's not a simple job.

As a rule, cash payments rely predominantly upon making the guardianship of minors. Then guardians will be issued a lump sum and some monthly allowances. But if we are talking about the incapacitated adult, no special support from the state no. There is only a small amount of money, which is paid monthly.

How to pay

What other nuances has custody of the incapacitated person? The rights and obligations of payment and order registration of the relevant documents, - to remember it is not so difficult.

It was Already mentioned that in some cases funds will be paid for the content to be incompetent. But to what extent? This fact also seems to some extremely important. This feature is regulated at the regional level. Citizens for the implementation of assigned care payments in the amount established in a specific region.

At the moment in Moscow, for example, you can expect the following benefits and allowances when making custody:

• For young children is transferred monthly 15 000 rubles (up to 12 years);
• For those older than 12 years - 20 000;
• On a disabled child in a month put 25 thousand rubles.

But for adult incapacitated payments are set in fixed dimensions throughout Russia. For a long time, their sum is:

• For persons with disabilities 1 groups with childhood - 5 500 rubles;
• All others - 1 200.

The Fact is that the guardian is entitled to receive monthly benefits from the state in the amount of 1 200 rubles. Only in exceptional cases, this amount increases several times.

Order of executionpatronage

It's the features that has custody of the incapacitated person. Rights and obligations with the right of inheritance of housing, usually associated when it comes to patronage. Or if this feature was originally agreed with the authorities. A fairly common type of "compensation" in the future.

But how to make a particular custody? For example, patronage. This process is perhaps the easiest. And it doesn't require any major documents or actions.

The design of the patronage occurs upon application of an incapacitated person. It specifies in the relevant document the conditions of patronage, if necessary, secures to the citizen in the future right of inheritance. Be sure to specify who we want to see as a guardian. It is going forth a list of certain documents. He served in the bodies of trusteeship and guardianship along with the application form. After this for some time (as practice shows, the process takes about 7 days) the service shall review the submitted application and takes a decision. If it is positive, the applicant and the legal guardian is sent a notification of appointment of guardianship. Otherwise, a failure.

Documents to patronage

It would Seem, anything especial does not require custody of the incapacitated person. Rights and obligations, procedure of execution of documents - all this adjusts the current legislation. If we are talking about patronage, you have to care to provide the following documents:

• Statement-agreement on disabled persons;
• Identity of the parties;
• Snils (desirable);
• The certificate about state of health (from both sides);
• Documents of no criminal record (guardian brings);
• The autobiography of man who will care for the citizen;
• A statement indicating the income of the guardian (desirable);
• Consent from the potential guardian to patronage.

Now I understand what means guardianship of incapacitated person's rights and responsibilities, what documents are needed for registration of the patronage, where to go with this list. But many are interested in full custody. She, though, and imposes a great responsibility, but often implies rights of inheritance of property. What is needed for the purpose of caring for a citizen?

Registration for full custody

This process more responsible. It is important to fully understand which imposes conservatorship over an incapacitated person's rights and obligations. How to make this protection of the interests and rights of the citizen? What to do if you want to be a guardian?

It is possible to follow the sequence of actions:

1. To Recognize the court incapacitated person.
2. Collect a list of documents for child custody.
3. To Provide a package of papers and a court decision in the guardianship.
4. Wait the solution of the given service.

Nothing difficult or special. The main problem is the collection of documents and recognition of the person incapacitated in a judicial proceeding. But this can be overcome if you have a real reason.

Documents for full custody

Among the list of documents submitted to the relevant authorities, include:

• The court decision on recognizing the citizen as legally incapable;
• ID (passport) of the Trustee;
• Application for appointment as legal representative.
• A curriculum vitae;
• Reference, indicating the income of a citizen and his worth.

That's all. Now I understand what constitutes full guardianship of incapacitated person's rights and obligations, how to arrange care for this category of persons, as well as what benefits you can claim. Not so difficult as it seems!