How To Issue Guardianship Over Pensioners

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How To Issue Guardianship Over Pensioners
How To Issue Guardianship Over Pensioners

Video: How To Issue Guardianship Over Pensioners

Video: Legal Guardianship u0026 RDSPs, Pensions, OAS/GIS 2022, December
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Guardianship can be issued in two types - in the form of patronage guardianship (article 41 of the Civil Code of the Russian Federation) or full guardianship (article 29, 48 of the Civil Code of the Russian Federation). Methods of registration of different types of guardianship differ significantly.

How to issue guardianship over pensioners
How to issue guardianship over pensioners

It is necessary

  • - application to the guardianship authorities from pensioners;
  • - a statement from you;
  • - your passport and copy;
  • - passport of pensioners and a copy;
  • - conclusion on the state of health;
  • - act of inspection of your living space;
  • - characteristics from work and place of residence;
  • - conclusion of a medical and psychiatric examination (when registering full guardianship);
  • - application to the court.

Instructions

Step 1

If your retirees are simply infirm and cannot take care of themselves, but do not suffer from mental disorders, then guardianship can only be formalized in the form of foster care at their request, which confirms that they agree to be provided with foster care. Pensioners can also cancel leaving at any time upon application.

Step 2

To arrange foster care in the form of guardianship, receive an application from pensioners, take it to the guardianship and guardianship authorities. You must submit to the guardianship a copy and original of your passport, a statement, an act of inspection of your living space. The latter document is required regardless of where you will be providing foster care, in your home or in the apartment of retirees. Also, you must present a testimonial from the place of work and residence, the conclusion of doctors about your health condition. If you are not a child of these pensioners, then the children must give notarial permission to exercise foster care.

Step 3

To obtain full guardianship, contact the guardianship and guardianship authorities with an application. Get the opinion of the medical psychiatric commission on the insanity of pensioners.

Step 4

Then contact the Arbitration Court. Only a court can declare people incompetent and appoint guardians for them. In some cases, in the interests of disabled people, they are placed in social care facilities or in a psychiatric clinic.

Step 5

In both cases, having issued guardianship or guardianship, you do not have the right to dispose of the property of the ward at your own discretion, and you will not be their legal heir (Article 63 of the Civil Code of the Russian Federation), that is, in fact, guardianship is voluntary care for the elderly. All your actions in relation to the property of pensioners must be coordinated with the guardianship and guardianship authorities and with the legal heirs of the ward.

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