Guardianship is established over incapable citizens in the country. Just like custody. These two concepts are closely related. In Russia, many confuse guardianship and trusteeship. In any case, these processes help to take responsibility for disabled and incapable citizens. This mainly applies to minor children. What should you know about guardianship? How to draw up one of the previously proposed types of responsibility for citizens? What is the difference between these terms from each other? All this is necessary to know in order to be well versed in the legislation of the country.
The legislative framework
The first step is to understand the legislative database of processes. The fact is that in Russia there is a law on guardianship. He points to the main points and norms that apply to these concepts. It is a matter of Federal Law No. 48 of April 24, 2008.
Only this set of rules undergoes certain changes from time to time. Not too substantial, but they do occur. What should I pay attention to citizens interested in trusteeship or guardianship of a person?
Governing bodies
For example, who represents power in these areas. There are so-called guardianship and trusteeship bodies. This is the state power of the country, which is responsible for issues related to the processes being studied today. It acts on the basis of the law "On Custody". In connection with the latest changes, guardianship and trusteeship bodies have the full right to transfer their powers to local authorities.
What rights and obligations does this government representative have? There are a lot of them, but they apply mainly to minors who were left without parental care. Also, guardianship authorities must act in the interests of partially capable and incompetent persons.
Main functions of guardianship authorities
What does the previously mentioned organization do? It is already clear that it acts in the interests of incapacitated citizens. But what are the rights of guardianship authorities? What are the challenges facing this representative office?
This organization performs a variety of functions. Most often we are talking about minors. Therefore, among the main cases that the guardianship authorities are involved in, one can distinguish:
- monitoring the implementation of the rights of all minors;
- child protection;
- Settlement of disputes between parents regarding guardianship (for example, when choosing a name or educational methodology);
- monitoring property of minors.
This is not all the possibilities of guardianship authorities. We can conclude that the main task of this representative office is to protect the interests of the legally incompetent population. Guardianship authorities are involved in any disputes, including property, in the case of infringement of property or the rights of minors, less often incompetent (in whole or in part) citizens. Therefore, this representative office in Russia is considered extremely important. What else does the Law on Guardianship and Guardianship provide for? What features does it include?
Rights of guardianship authorities
What are the rights of guardianship and trusteeship bodies? Since this organization acts in the interests of the legally incompetent, it is allowed to take any protective measures. In particular:
- to select children from any persons (even from parents);
- identify minors who are deprived of any guardianship;
- check the living conditions of children;
- arrange minors left without guardianship in specialized institutions (baby homes, orphanages, and so on);
- issue opinions on the possibility / impossibility of acting as trustees / adoptive parents / guardians.
In general, these bodies have many rights and functions. The Ministry of Social Development of Guardianship and Trusteeship is a place where citizens should turn to before adopting children, as well as in resolving disputes affecting the rights and interests of the legally incompetent. What else is important for the population to know?
Guardianship is ...
For example, clearly distinguish what custody and guardianship are. After all, these two concepts, although similar, they still have certain differences. Accordingly, trustees and guardians do not have the same rights and obligations.
The first step is to find out what is custody. In Russia, this term refers to the form of organization of legally incompetent citizens who are left without “supervision”. There is another feature here. Disability should be established in court. An exception is when minor children need guardianship. And no other way.
As a rule, guardianship refers to the arrangement of minors under 14 years of age. Or adults who are declared legally incompetent through a court hearing.
Definition of Guardianship
And what is guardianship? This term often appears in people's lives. Guardianship is established over citizens who have reached the age of 14. This is a form of device for minors left without parenting and supervision. Also, this term can be used to describe the protection of the rights of citizens who are partially competent. That is, guardianship can, like custody, be established both over minors and over 18 years of age.
This form of population structure has a definite task. It consists in the protection of persons who are not able to fully realize their actions from illegal acts and encroachments by unauthorized citizens. The main difference between guardianship is a certain freedom of action of the ward with the permission of the trustee. But the guardianship requires mandatory approval from the guardianship authorities for a particular operation. For example, for any transaction with property.
Guardian Rights
Now it’s clear that trusteeship is established over persons who have reached the age of 14. Also, this form of population structure appears when it comes to partially disabled citizens. Guardianship also applies to young children and people who have been legally deprived of legal capacity. It has already been said that the rights of guardians and trustees differ from each other. But what exactly? The study should begin with the first group of people. Namely - from the guardians. They may or must:
- make transactions on behalf of the guardian, with the exception of cases when the legally incompetent person must carry out the act (for example, you cannot write a will);
- file lawsuits with the courts on the invalidity of the agreement concluded by the ward;
- draw up and submit applications for the recognition of valid transactions that were carried out in favor of the ward, for the sake of his own benefit;
- be liable for the acts of an incompetent person (including property).
The above opportunities and responsibilities are available only to guardians. In any case, these persons must protect the interests of their wards. This is especially true of property issues.
Trustees may ...
What else should you pay attention to? The fact is that the guardianship of citizens gives legal representatives different opportunities. In any circumstances, competent citizens must protect the rights and interests of their wards. But how exactly are they allowed to act? Some of the special features of the guardians were given earlier. And what about the trustees? They must or may:
- give their consent to the ward to carry out certain transactions;
- file claims for invalidating agreements concluded by a minor or partially capable person;
- bear the so-called subsidiary property liability for acts committed by the ward.
In Russia, not all citizens can be guardians and trustees. What should I look for if a citizen decided to take responsibility for caring for a person?
Bans
First you need to find out who can not qualify for the title of guardian or trustee. There are not many prohibitions, it is easy to remember them. It does not matter what exactly takes place - guardianship of children, their guardianship, or whether it is a legally incapable adult. In any case, they do not have the rights to guardianship or custody:
- Those previously deprived of parental rights or restricted in them;
- people suffering from one or another addiction (drugs, alcohol, gambling);
- Persons who have been suspended from the role of a guardian or trustee;
- citizens with a criminal record for crimes against honor and dignity, sexual freedom and integrity, public safety, family and morality;
- people with an unexpunged conviction for grave and especially grave violations;
- citizens of same-sex marriage;
- people with diseases that interfere with guardianship.
Also disabled people of the 1st group do not have the right to be trustees or guardians. After all, often they themselves need some care. No further significant restrictions. All other categories of the population have the full right to act as guardians and trustees. Some requirements for these persons are still put forward. Which ones? What should I look for?
Requirements
In order for guardianship of a child or a legally incompetent person to be allowed (including guardianship), several rules must be observed. Requests that are put forward to applicants for the care of a particular citizen are as follows:
- coming of age (when emancipation is enough age 16 years);
- a candidate must have full civil legal capacity;
- the lack of a previous decision on the deprivation of parental rights.
This is all that must be respected. Other aspects (such as income and housing) are secondary. The guardianship department without fail studies the various aspects of the life of a candidate for guardians (trustees), then makes its verdict. What will be considered when evaluating?
Mechanisms of influence
In the case of children, guardianship and trusteeship agencies will be extremely serious in resolving issues related to the appointment of trustees or guardians. There are some aspects that can affect the course of events. Guardianship of children is established taking into account:
- the ability of a potential representative of a legally incompetent child care and guardianship;
- established relations between a minor and a candidate for trustees;
- the desires of the children - whom they want to see next to them;
- living conditions that candidates for the role of guardians can offer;
- relations of family members of the trustee to the child.
As practice shows, family relations often play a significant role. For example, it is more likely that a minor or a legally incompetent person will be given to a grandmother for supervision and care, and not to a stranger.
Documentation
What should be presented to the guardianship and guardianship authorities if you want to take responsibility for a child or other legally incompetent person? A potential candidate should bring with him:
- autobiography;
- identification;
- application for guardianship / guardianship;
- statement of the financial and personal account of the home;
- documents on property rights to real estate;
- extract from the house book;
- income statement (for the last year);
- documents of no criminal record;
- rental agreement (if the accommodation will be in a rented apartment);
- any evidence of housing (if there is no evidence of ownership and lease agreement);
- medical report on the state of health (+ certificate from a narcologist);
- marriage certificate (if any);
- written consent of family members to the guardianship / trusteeship of a citizen (write all persons who have reached 10 years of age);
- certificate of completion of a special school for guardians / trustees.
It's all. All submitted materials will be studied in full. Guardianship is established over a child or an incompetent citizen, taking into account all the previously listed factors. By the way, attending courses for future guardians is a must. Without it, it is impossible to obtain permission from the guardianship authorities.