Guardianship can be obtained over a capable person with his written statement of consent. The application must be submitted to the guardianship and guardianship authorities. If a person is incapacitated, his guardianship can only be formalized in court.
It is necessary
- -documents proving the identity of both parties
- -application to the guardianship authorities
- -application to the guardianship authorities of the ward
- -certificate of medical psychiatric examination, if the person is incapacitated
- - an application to the court for the recognition of guardianship of an incapacitated person
- - act of the housing commission on the living space of the trustee
- - Act of the housing commission on the living space of the ward
- -certificate on the composition of the guardian's family
- -characteristic from the place of work of the trustee
- -characteristic from the place of residence of the trustee
- -certificate on the health status of the trustee
- -certificate from a narcological and psychiatric dispensary for a trustee
- - a certificate stating that the guardian does not suffer from diseases for which the registration of guardianship is not allowed (tuberculosis, oncology, etc.)
- -certificate on the financial situation of the trustee
- - additional documents may be required
If your mother is a capable person, that is, not recognized as incompetent by a medical psychiatric examination, then apply personally with an application to the guardianship and guardianship authorities of your area. A statement must also be submitted from the mother that she wishes to be taken into care. Guardianship can only be appointed with her personal consent.
In addition to the statement by the trustee and the ward, it is necessary to collect and submit a large package of documents to the guardianship and trusteeship authorities. With the appointed guardianship, the guardianship authorities will constantly monitor the guardian. The quality of care for the ward will be checked, and the observance of his rights and interests will be checked. All changes in the life and health of the ward must be immediately reported to the guardianship authorities.
Guardianship is taken on a voluntary basis. There is no payment for it. The ward's money and property can be disposed of only with his personal consent. You cannot independently perform any legal actions with the property of the ward.
At the personal request and application of the ward, guardianship can be withdrawn at any time.
If a person is incapacitated and is not able to take responsibility for his actions and deeds, apply to the court about the desire to issue guardianship. Take your mom for a medical psychiatric evaluation. If the doctors recognize her as incompetent, you will be awarded custody or your mother will be taken to a psychiatric clinic. Because in this case everything depends on the decision of the court. After the court's decision, it is necessary to write an application to the guardianship and trusteeship authorities about the registration of guardianship. Collect and submit the same package of documents as in the first case.
Money and property of a person recognized as incapable can be disposed of under the control of the guardianship and guardianship authorities. Control by these bodies will be carried out over all actions of the trustee in relation to the life, health, quality of care, the disposal of the ward's money and property. All changes in the life and health of the ward must be immediately reported to the guardianship authorities.