Guardianship can be of two types - in the form of full guardianship, on the basis of Article No. 29, No. 48 of the Civil Code of the Russian Federation, or patronage, on the basis of Article No. 41 of the Civil Code of the Russian Federation. Depending on this, the legal registration of the rights to care for the elderly takes place.
It is necessary
- - a statement from the guardian and wards;
- - a package of documents for registration of guardianship;
- - application to the court.
Instructions
Step 1
For registration of guardianship in the form of patronage guardianship, elderly people must express their personal written consent, submit an application to the guardianship and guardianship authorities. The application must also come from the person applying for the guardianship.
Step 2
Retirees can choose a guardian on their own and revoke the authority to care for them by submitting a reapplication. The guardian can live with the elderly, over whom he has issued foster care, or in his own apartment, visiting elderly citizens and helping them with the housework.
Step 3
If an elderly person is completely incapacitated and is recognized by the court as insane on the basis of a psychiatric examination, you will have to go to court to obtain custody.
Step 4
Guardianship of incapacitated citizens is formalized on the basis of a court order. Personal consent of citizens and statements from them are not required.
Step 5
When registering any form of guardianship, the guardian must submit not only an application to the guardianship and guardianship authorities, but also other documents. The package of necessary documents includes: - passport of a citizen of the Russian Federation; - characteristics from the place of work; - characteristics from the place of residence; - act of examination of the living space of the guardian; - medical card filled in and signed by all specialists.
Step 6
The results of the health examination of the guardian are entered into the medical record. A citizen applying for full guardianship or foster care must be healthy, not have serious chronic and oncological diseases, not be registered in a narcological and psychiatric clinic, and not have diseases that are dangerous to others.
Step 7
Neither guardianship nor patronage guardianship give the right to become the heir of the person under guardianship, do not provide other benefits, are carried out on a voluntary and free basis. Upon registration of full guardianship, social benefits may be assigned, but its amount is insignificant.
