How to take custody of an elderly person? Increasingly, citizens who have the opportunity to take care of a similar level with respect to a senior citizen turn to lawyers with this question. The matter is not simple on any side. It is necessary to collect and execute papers, after which complex activity will begin. The work of this direction is markedly different from caring for babies. In front of the guardian is an old, weak man with all physiological needs. Before contacting the authorities and finding out how to take custody of an elderly person, you need to check yourself for strength. People aged, though helpless, retained a vulnerable soul. They, like children, quickly get used to it; you should not inflict moral harm on them by their own optionalness. It is better to think it over and decide in advance whether the guardian is ready for such difficult and responsible care?
Detailed acquaintance with the laws
How to take custody of an elderly person? The legislative framework of the Russian Federation answers many questions of this direction. From a short review you can find out:
- recognition of legal incapacity by the legal method is reflected in article 29 of the Civil Code of the Russian Federation;
- that there is also limited legal capacity, the Civil Code of the Russian Federation indicates in Article 30;
- what requirements does the law impose on guardians - discloses the Civil Code of the 35th article;
- like any citizen, the trustee is endowed with rights, and at the same time he has to fulfill duties - he introduces the Civil Code of the Russian Federation in article No. 36 with all the details;
- how to properly dispose of property of the ward, article 37 of the Civil Code of the Russian Federation will indicate;
- it is allowed to trust property, real estate, which can be found out from the legislative act in the Civil Code of the Russian Federation from article 38;
- you should think about responsibility for causing harm to your wards, how citizens are released or removed from guardianship - all questions are reflected in the 39th article from the Civil Code of the Russian Federation;
- the procedure for the termination of obligations under guardianship is described in article No. 40 of the Civil Code of the Russian Federation;
- how to formalize custody of an elderly person, is regulated by the Civil Code of the Russian Federation by articles No. 31, 33.
In 2008, Presidential Decree No. 774 was published, which ordered the provision of social support to people who care for the disabled population.
In what form do they care?
Guardianship and trusteeship are a serious aspect in the life of society, as property rights and property protection are affected there. Federal Law No. 48 devoted its pages to this problem, revealed the grounds and opportunities for caring for older people at the legal level. Any citizen from 60 years of age can seek help if he cannot cope with the household on his own because of poor health. There are 2 ways to care for older people in the form of:
Each type of social support has distinctive features. At some points, the applicant should stop his attention when taking custody of an incapable elderly person.
Anxious old age
The time comes, and a person's well-being changes sharply or gradually. He ceases to understand where he is, the actions of those around him become strange. The country has hospices, homes for the elderly, but at home it is better to be in the last years of life. Therefore, the state allows official custody of an elderly person after 80 years, if it is framed. This is the most vulnerable age for mental state, health and disability due to old age, floods of illness immediately. It is unethical to state allegations of incapacity and the law does not allow, but requires a full medical examination. The right to determine the ability to service oneself in a special state of health is given to the courts. An interested person comes to submit an application to the court with the conclusion of a medical commission, which will consider the problem and make its decision.
A view of full custody
Guardianship of an incapacitated elderly person is possible with a court order. Social protection staff during the consideration of the application pay attention to medical indicators and the need:
- round-the-clock care;
- regular treatment with prescription drugs;
- special meals, dieting.
The reason for registering custody of an elderly person is:
- mental disorder;
- memory loss;
- inadequate attitude to people around and the environment in which the pensioner is located, because of which he cannot be responsible for his actions.
The guardian must evaluate his abilities, health, patience in order to ensure proper care.
What do you do with patronage?
Custody and guardianship of an elderly person differs from procedures with patronage. First of all, citizens are in their right mind and memory, but their poor health, senile ailments do not allow:
- to maintain a house in a good sanitary condition;
- a person is not able to pay utility bills;
- call plumbing for repair work;
- solve legal problems.
After registration of patronage, a citizen renders all kinds of assistance at the request of his ward. However, he cannot dispose at his discretion the property of older people. Owners of property provide this right with a power of attorney issued by a notary. An elderly man in need of patronage is taken into custody, an assistant is picked up and sent to the address. The procedure is declarative in nature. Documents must be attached to the application. They will confirm the actual state of health.
Who becomes an assistant?
Kinship does not affect the acquisition of guardian status. If there are no relatives, they become:
- acquaintances;
- neighbors;
- friends or completely strangers on the ad, except for social services.
Applications are accepted by competent authorities. Social protection specialists in guardianship authorities, where they draw up custody of an elderly person, consider documents carefully in all seriousness. The applicant must comply with the requirements that apply to him. The application is submitted and filled in according to the sample.
What should a guardian be like?
To take care of older people, to be their representatives in resolving legal issues, it is necessary to prove that applicants have such rights. Guardianship is executed with the condition:
- the applicant is at least 18 years old;
- there are no convictions in the biography;
- proven mental and physical health, adequacy, material independence;
- no addiction to alcohol and drugs.
In addition, the ward must agree that a specific person should take care of him.
How do they confirm compliance?
First, it remains to be confirmed that there are no bad habits and health problems. To do this, the application is accompanied by documents for the custody of an elderly person. Each of them serves as a proof of a certain state of the applicant:
- neuropsychiatric dispensary with a certificate confirms mental and neurological health;
- after examination, the tuberculosis dispensary will provide a conclusion on the absence of infectious diseases;
- a drug dispensary will indicate a drug or alcohol addiction, if it is detected;
- characteristics from employment prove the moral and business qualities of the applicant;
- a general medical report indicates the health of the future guardian;
- property in ownership, a certificate of earnings, income confirm that the applicant has no mercantile interest.
In each specific case of guardianship, regulatory authorities require their own separate composition of documents, but it should not go beyond the legislative framework. For example, without fail, relatives living with a future guardian must agree in writing, which is not against worries about an incapacitated person.
In what order are they drawn up?
The right to execution is reserved for the guardians themselves, pensioners, in respect of whom the procedure is carried out. Citizens will:
- apply to guardianship authorities;
- attach medical certificates, submit a passport.
Social Security Officers:
- accept documents for verification;
- set a date for the interview;
- upon approval, they will conclude a contract;
- notarized.
A pensioner, if he is not satisfied with the care provided, may at any time refuse a guardian.
Social Promoter Obligations
The custody of the elderly person shall indicate in detail the duties of the guardian. Participants of any of the parties can make their points and wishes:
- protect rights in legal instances;
- conduct financial transactions, payments;
- manage real estate, monitor the condition, carry out repairs;
- accompany on trips for treatment;
- to organize a decent life, the sanitary condition of the premises;
- call doctors at home if necessary;
- to purchase medicines, products necessary for life accessories;
- cook hot food, feed in accordance with the diet;
- compile and submit reports to custody of completed procedures.
Social protection officers constantly monitor families in which elderly people live under guardianship and draw their conclusions. If violations of the rights of legally incapable persons are revealed, the contractual terms will be broken.
What rights do assistants have?
When the question is considered: is it possible to take custody of an elderly person, they find out all the conditions so that it is comfortable for a pensioner who needs help. Although the guardians are also not deprived of the right to make decisions and freedom of action to a reasonable extent, if they do not harm the wards. Citizens may, by common agreement, choose their place of residence. Living where it will be more convenient for them, whose housing is more comfortable. Social income from the moment of signing the contract will go to the account of the guardian, so that he can purchase medicines, pay for communal services, and carry out other expenses. But for each item of expenditure it is necessary to report to social security. For financial events, transactions on behalf of a pensioner does not need a separate power of attorney, as well as to receive his pension. Supervisory authorities conduct annual inspections regarding the interests of persons under guardianship. The guardian is vested with the rights:
- to act as a representative;
- protect interests in government bodies, courts;
- choose clinics, hospitals, hospitals;
- distribute cash.
A citizen caring for an elderly person may refuse guardianship. It will be required: to submit an application, to make a report on the money spent up to this point. The guardian is entitled to an unpaid leave.
Custody of an elderly person after 80 years
The order of execution, the collection of documents, requirements, conditions do not depend on age, they are the same. The order of actions is no different, no matter how much the wards are executed. Customers of 80-year-olds will receive, if they so wish, even quite capable. Old age is the main reason that does not allow them to actively provide for themselves, to carry out simple everyday activities. Guardians have a number of privileges. The entire period that they devote to caring for an elderly citizen will be counted in their seniority. For their work, albeit a modest amount, but they will receive payment from the FSS, which is not provided for ordinary guardianship. The pensioner will increase the size of the pension so that he can pay for additional services to the guardian. The assistant should not work. Only under this condition are benefits paid. If the ward is declared legally incompetent, his additional pension supplement and all social benefits are transferred to the guardian's special accounts. He is obliged to spend money on the needs of his ward, and once a year he should submit reports.