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Documents for registration of guardianship

The function of guardianship is taking care of a person who, due to the current circumstances, needs care and protection of his rights. More often, guardianship is assigned over children under the age of 14, citizens who are fully or limitedly incapacitated. Any person from 18 to 80 years old who meets certain requirements can act as a guardian. Moreover, each case is considered individually, taking into account all the nuances. Relatives of children or those who have established a relationship of trust with the child are more likely to claim custody of minors. Also, in some cases, the child's consent is required to live together with a specific person.

The list of legal requirements is listed in legislative acts:

  • The Constitution of the Russian Federation;
  • Federal Laws No. 48 and No. 120, regulating the observance of the civil rights of minors of Russian citizens;
  • Family, Civil Procedure and Civil Code of the Russian Federation.

The applicant must write a statement to the guardianship authorities, whose interests he intends to represent.

Documents that are needed for registration of guardianship:

  • Russian passport in original and its copy;
  • Autobiography, including the main milestones in the life of the future guardian;
  • Extract in original from;
  • Characteristics of the applicant, given in his place of official work.

You also need help:

  • no criminal record;
  • Official employment, income (average salary for the last calendar year);
  • About normal living conditions (issued by the guardianship authority);
  • About the state of health;
  • Marital status (married or not, reasons for divorce).

Attention! The list includes the consent of a child over 10 years of age or an adult incapacitated citizen for a specific person to become a guardian.

Registration of custody of a pensioner, what documents to prepare

Guardianship of an elderly person is formalized in the form of full guardianship or patronage. Full guardianship is documented after a citizen is declared legally incompetent through a court. Guardianship is more often provided by relatives. Caring for parents is not paid by the state.

Important! Adequate care with representation of the interests of a senior citizen is especially needed after the turn of 80 years. At this age, a person is not able to serve himself on his own, therefore, he is looking for a guardian. A capable pensioner must officially agree with the candidacy of a guardian.

For registration of guardianship, the following documents must be submitted:

  • Candidate's own handwritten;
  • Passports with copies of both sides;
  • A copy and original of the work book of the future guardian;
  • Certificates: medical information about the health status of the guardian and pensioner, no criminal record;
  • You must present a characteristic from the last place of official work;
  • Certificate of marital status of the guardian (marriage, divorce, children, husband / wife);
  • Documents confirming the existence of their own housing on both sides;
  • The formal consent of the ward to guardianship or patronage.

Attention! It is advisable to think well, to weigh your capabilities before making an important decision. A person who has refused or removed from guardianship by state authorities will never be able to formalize guardianship.

With regard to the child, guardianship is formalized only temporarily, as a preparatory step for adoption. After 14 years of age, guardianship is established over the children. There are many nuances that should be taken into account when preparing a package of documents. The main reasons when a minor is placed under guardianship are:

  • Orphanhood, in which the biological parents are dead;
  • Inability of one or both parents to constantly look after the child (long business trips, shift work, study separately from the family);
  • The mother and father were declared incapacitated by the court at the same time or deprived of parental rights;
  • The parents themselves have not yet reached the age of majority (16 years) and have not formalized the marriage.

Sometimes parents who are not currently able to look after the child agree to voluntary custody. In this case, they trust their baby to the guardian without prejudice to their own rights. At the same time, the period for which guardianship is established is stipulated.
The following requirements apply to candidates for guardianship:

  • Age over 18;
  • Restriction by years: women - no older than 55 years, the maximum age of a man - 60 years;
  • The ability to control your actions and be fully functional;
  • No conviction;
  • Good health;
  • No bad habits;
  • Desire to become a guardian.

Attention! The candidate for guardianship must be provided with a constant income from an official source, which indicates that there is no self-interest from the guardianship.

What documents must be provided:

  • A copy and original of the identity card (passport) of the guardian;
  • Handwritten application for guardianship;
  • Consent of the child if his age is over 10 years;
  • Certificate of official place of work and earnings for the last year;
  • An extract from the house book confirming the availability of housing;
  • Detailed autobiography indicating marital status, presence of children or elderly parents living with the candidate;
  • Characteristics of the child (issued by the administration of the childcare institution or the board of trustees) and guardian (from the official place of work or from neighbors).

It takes at least 2 months to obtain custody of a child. During this time, the guardianship authorities fully verify the identity of the candidate, his living and material conditions. The first visit is made to the candidate's home one week after the application is submitted.

What is included in the documents for guardianship of a legally incompetent

An elderly person can only be declared legally incompetent by a court under the following circumstances:

  • The presence of a mental illness, as a result of which a person cannot control his actions, cannot organize the protection of his interests;
  • Disease of alcoholism, gambling addiction, drug addiction, which leads to a disastrous material condition for the whole family of the addict;
  • The old man is not able to take care of himself and defend his rights.

Attention! After confirming the status of an incapacitated citizen, a guardian is appointed within 1 month.

The court, having considered the case, may recognize the best way out to place the incapacitated in a mental hospital, where special professional care will be organized for him.

To apply for guardianship, you must provide the following package of documents:

  • a candidate about the desire to take care of a specific person;
  • Passport, other identity document of the applicant;
  • from the last place of work, confirming the income received for the last calendar year;
  • Document from the place of official work indicating the position held;
  • A certificate of the results of a medical examination of the health of the candidate for guardians;
  • Marital status document, presence of children, parents. Written confirmation that the relatives living with the guardian agree to the registration of custody of the incapacitated;
  • Autobiography, which describes all the important events in the life of an applicant for guardianship.

To provide full guardianship for a disabled person of group 1, you should take special free courses under the board of trustees. Indeed, for such people, who are mostly bedridden or move in a wheelchair, special care is required.