Guardianship is formalized over people who have been recognized as completely incapacitated in court and after the conclusion of a medical and psychiatric examination. Guardianship in the form of patronage care is issued over capable people only at their request and with written consent (Article 41 of the Civil Code of the Russian Federation). To arrange custody or guardianship of a grandmother, you should collect a number of documents and contact the guardianship and guardianship authorities.
It is necessary
- - conclusion of a medical and psychiatric examination;
- - application to the guardianship authorities;
- - application to the court;
- - your personal identity documents;
- - grandmother's passport;
- - notarial permission of relatives (if you are not close relatives);
- - your characteristics from the place of work and residence;
- - act of inspection of your living space;
- - medical reports of doctors about your health.
If your grandmother is incapacitated, then contact the guardianship and guardianship authorities that work in each district to obtain custody.
In addition to the application, you will need to take your grandmother to the district psychiatric clinic, where her disability will be determined. The incapacity report cannot be issued by a single doctor. It is issued only by decision of a commission consisting of psychiatrists.
You can be appointed a guardian in a judicial proceeding, but in order to formalize guardianship, it is not enough to have an opinion of a medical commission on recognizing a person as incapacitated. You need to prove your legal capacity and get all certificates about your health condition, as guardians can only be capable persons who are healthy enough to take care of a sick and frail person.
Take a testimonial from your place of work and place of residence. Call the housing commission to inspect your living conditions, get an inspection certificate. Contact your local doctor at the polyclinic and get referrals for examination. You will need to obtain a conclusion from a psychiatrist, a narcologist, a phthisiatrician, an oncologist, as well as a certificate from their HIV center that you are not infected with dangerous diseases.
If you are not close relatives, you will need a notarial permission from the children, spouse or grandchildren of your grandmother to formalize custody.
For further registration of guardianship, submit an application to the Arbitration Court. Representatives of the guardianship and guardianship authorities must be present at the trial. If the court ruled to appoint you a guardian, then you are obliged to systematically count before the guardianship and guardianship authorities about the health of your ward, about the spending of her personal funds or other property. If you do not have a job, then you may be assigned a payment of benefits for the care in the amount provided by the regional authorities and the Federal law.
In accordance with Chapter 63 of the Civil Code of the Russian Federation, guardians are not the heirs of their wards, therefore, guardianship does not provide the right to transfer property after the death of the ward to the guardian, nor does it give any advantages over legal heirs.
If the grandmother is not recognized as incapacitated, then you can arrange guardianship in the form of patronage at her written request and with written consent. To do this, the grandmother must declare her desire to have custody formalized over her. Also, a capable person can at any time submit an application to the guardianship authorities so that guardianship over him was removed.