A guardian is a person who, in the manner prescribed by law, has obtained the right to represent the interests of a legally incompetent person. This concept is characterized by a court decision, as well as conditions of disability, such as age, mental or physical health. The rights of a guardian are regulated both by family law and by an act of guardianship and trusteeship bodies.
General provisions of family law
A guardian is a person who is responsible for another person. Accordingly, from the moment of acquiring a specific status, a person acquires a number of new rights and obligations not only in relation to his person, but also to the guardian person. Moreover, when a person tries on an updated list of rights and obligations, the child’s parents or other persons responsible in the past lose these rights. The moment of loss of legal status is determined by the moment of its acquisition by other persons.
Legal status, payments to guardians, and other issues are determined by civil law, which includes the family law industry.
Guardians act as legal representatives of their ward. Accordingly, the acquired powers allow him to defend the rights and legitimate interests of a minor. A special permit certified by a notary is not required, as required by the Code of Civil Procedure of the Russian Federation.
Assistance in the exercise of rights
The main function of the guardian is to provide their wards with assistance in the exercise of rights and the discharge of duties. In addition, they protect an incapacitated person, his condition, property and other values from illegal encroachment of third parties. Often there are cases when the guardian prevented self-mutilation, as well as actions aimed at self-destruction of the personality of the ward.
The legislator does not cancel the validity of the rights and obligations of the guardian in connection with the location of the ward:
- In a medical organization (inpatient treatment).
- In places of detention or imprisonment.
- In connection with the training.
About legal status
Parents, guardians, trustees have similar rights and obligations with respect to the guardians:
- The main duty of the aforementioned persons is to take care of the condition of the wards, their maintenance, which is expressed in the provision of the latter with food, clothing, a roof over their heads, appropriate living conditions.
- Providing care and treatment, if necessary, joint visits to social and medical organizations.
- The manifestation of concern for the upbringing of the child, ensuring his mental, spiritual and moral development. The guardian or trustee is free to choose the methods of education independently, taking into account the views of the child himself, as well as based on the recommendations of the relevant state and municipal authorities.
- Providing conditions for the child to fulfill his responsibilities for receiving basic general education. A guardian is a person who can exercise authority in the choice of an educational institution, taking into account children's opinions, if any.
- Take the necessary care for the health of the child. The guardian of the disabled person should, as far as possible, take care of his physical development, as well as the guardian of the minor.
- It is obliged to control, regulate and adjust the child's communication, if there are doubts about the positive impact on the failed person.
- Represent and protect the interests of the ward.
These powers are regulated by Art. 36 of the Civil Code of the Russian Federation. In the exercise of his powers, a person must take into account that all actions should be aimed at protecting and protecting the interests of the guardian.
Where without responsibilities?
Along with the above rights, certain binding rules bound up authorized persons. The guardians must fulfill the following responsibilities:
- Independently submit applications to state and municipal authorities about all payments that are due to the ward.
- Act in court as a representative and counsel for the purpose of claiming alimony necessary for the maintenance of a legally incompetent person.
- Take the necessary measures to protect the property rights of the ward, his values. In a judicial proceeding, to recover property from unlawful possession from individuals, to submit a demand for recognition of ownership of an incompetent person.
- Implement the obligation to take care of the transferred property of the ward, to prevent its loss, cost reduction, and so on. If it is possible to earn money, contribute to property income.
- Claim claims relating to compensation for physical and moral harm that has been caused to the ward.
- Contact medical institutions with the aim of acquiring services for a guardian legally incompetent person.
- To stand up for the protection of housing rights by filing a lawsuit to evict unfavorable tenants who do not have the right to stay in a residential building. In addition, a guardian is a person authorized to submit an application for a residence for a legally incompetent person.
- Contact the competent authorities with a statement indicating violation of the rights of others.
Prohibited actions for trustees
The guardian has broad rights and obligations. Guardianship in this case provides for a number of certain prohibitions. So, the guardian is not entitled to:
- Make deals with the ward. An incapable person who has acquired legal status in the established manner does not have the right to commit legally significant actions. Accordingly, such a transaction is easily recognized as invalid. An exception to the general rule are only provisions on gift or gratuitous use.
- Prevent the baby from communicating with his real parents, if such a right has not limited the court and does not harm the interests of the child.
- Spend wards' property, values and money for personal purposes.
- Conclude an agreement, loans on behalf of your ward.
Property rights
The guardian may well be a full participant in property relations in the interests of his ward. But at the same time he is prohibited:
- Conclude an agreement on the use of property. At the same time, the guardian is not entitled to sign this document on behalf of the ward, or to carry out these actions himself if the period of use exceeds 5 years.
- An exception to the first prohibition is the transfer of property for a period of more than 5 years in case of obtaining permission from the guardianship authorities, which was previously obtained. A transaction of this kind is possible subject to the receipt of income in favor of the ward.
- An authorized person shall not be entitled to conclude transactions regarding the leasing of property, leasing or gratuitous use, unless a special permission of the guardianship authorities has been obtained for these actions.
It should be noted that the permission of the guardianship and trusteeship authorities must be obtained in any case if there is a risk of reducing the property of a legally incapable person.
What are guardians or trustees entitled to?
- Demand the return of the child on the basis of a court decision from persons who forcibly keep him at home.
- To deposit funds to the account of your ward.
Individual actions
In the presence of special life circumstances, the guardianship authorities have the right to indicate the prohibition of certain actions for the guardian. The most common example is the ban on changing the place of residence of the ward. Based on the individual characteristics of the person, the guardian may be prohibited and other actions.
About sanctions
Each person, assuming the duties of a guardian or trustee, has a certain responsibility on his shoulders:
- Each guardian is responsible for all transactions that are made on behalf of the ward during the period of his duties.
- Guardians and trustees are liable for damage that was caused to the ward through their fault.
In the case of improper fulfillment by the guardian of his obligations regarding property rights, he is obliged to pay for the damage caused. Such actions include deterioration, improper storage of property, as well as waste and misuse of valuables. In the event of a dispute, the relevant authorities present an act in accordance with which a requirement is drawn up.
For all actions (inaction), guardians and trustees shall bear responsibility established by the legislation of the Russian Federation.