According to the law, every citizen of Russia of any age and state of health has rights and obligations. But not all persons can independently implement them due to partial or complete incapacity. The rights and interests of such persons are protected by the guardianship and guardianship authorities.
Instructions
Step 1
The essence of guardianship. A guardian is prescribed for children under the age of fourteen, as well as for disabled people due to their mental disorder. The essence of guardianship lies in the fact that the guardian is almost completely involved in the care, treatment, upbringing, education, maintenance of a child or a person with a mental disorder; the guardian's duty also includes living together with the ward. In this case, the ward fully retains his surname, name and patronymic. As a rule, only one person is appointed as a guardian; funds are allocated to him monthly for the maintenance of the guardian. The guardian is obliged to account for the funds spent, since they all belong to the guardian, and should be spent exclusively on him. Contacts between the ward and relatives are not prohibited.
Step 2
Requirements for a guardian. The guardian must be of legal age and legal capacity and consent to this role. In addition, he should not have a criminal record for harming human life and health. As a rule, the relatives of the ward are appointed as a guardian, if there are none, then the guardianship and trusteeship authorities themselves appoint a guardian. In order for the guardian not to abuse his powers, the legislation established certain restrictions, for example, the guardian does not have the right to independently perform actions with the property of the guardian (sale, rent); the guardian does not have the right to dispose of the funds allocated to the guardian for his own purposes, therefore, once a year he reports to the guardianship authorities on his activities.
Step 3
Persons not eligible to be guardians. Elderly people (over 60 years of age) cannot act as guardians; persons who have been deprived of parental rights; persons previously removed from guardianship; people suffering from serious illnesses (tuberculosis, cancer, mental illness, heart disease, and so on); alcoholics and drug addicts; former adoptive parents, through whose fault the adoption was canceled.
Step 4
Termination of guardianship. When the child reaches the age of fourteen, custody is terminated and replaced by custody. If this person is mentally ill, then the guardianship is terminated by a court decision. In addition, if the guardian does not fulfill all the requirements assigned to him, he loses his status. Also, the guardian can renounce his role himself, in which case the court will appoint a new one.
Step 5
As such, guardianship does not imply profit and earnings, since it is a form of social assistance for the disabled. To receive payment for caring for a ward, you must register a foster family (for minors). This form of care for minors implies monthly payments for maternal labor, calculated based on the level of the minimum wage in the region. When registering, instead of the guardianship of a foster family, the parent is given work experience, and at the same time, child support is paid. There are also such plan programs for the guardianship of the disabled. In this case, the non-working guardian has the right to receive wages for caring for the ward, the guardian is given work experience and an entry is made in the work book.
