The procedure for obtaining patronage for an elderly person

What is patronage and how is it different from guardianship?

Patronage is a form of guardianship over a capable citizen whose health condition does not allow him to independently resolve everyday and financial issues, protect his rights and fulfill his duties. The caregiver provides assistance in resolving everyday problems at the request of the person being cared for. It is not necessary to stay with the elderly around the clock in the case of patronage. The guardian does not have the right to dispose of the property and finances of the ward.

Guardianship is a form of guardianship over an incapacitated citizen. An elderly person may be diagnosed with mental disorders, memory loss, etc. When establishing this form of care, the guardian will need to constantly monitor the person under his care, be nearby, and provide full care. The guardian must spend the money of the ward in his interests: purchase the necessary medicines, food, clothing, and regularly submit a report on expenses to the guardianship and trusteeship department. The guardian has the right to dispose of the elderly person's property with the approval of the social service.

Basic concepts of guardianship

In order to protect the rights of fully or partially incompetent citizens and represent their legitimate interests, guardianship and trusteeship bodies were created. Each of these concepts has the same meaning, but the only difference is the age of the child being supervised.

Thus, guardianship is a type of legal relationship when persons under 14 years of age or older, but incapacitated, receive guardians as their legal representatives. They have the right to carry out various legal actions on their behalf. But guardianship is a legal relationship between legal representatives and teenagers aged 14–18 years. The duties of such persons by law include:

• assistance in the implementation by individuals of their legal rights;
• protection of supervised people from negative influence on them by third parties.

So that minor wards have the opportunity to perform the actions specified in Art. 30 of the Civil Code of the Russian Federation, consent must be given by the trustees.

Types of benefits for guardians

There are several types of assistance from the state that families with a minor child can apply for:

• monthly;
• one-time;
• regional.

Important! In the case of caring for a child with a disability, according to current legislation, a larger allowance is provided to guardians.

Who can receive guardianship benefits?

There are conditions when the state providing guardianship provides social assistance to adoptive parents. Thus, according to current legislation, guardians must:

• do not have an official job and do not receive income;
• provide ongoing care for persons under their care;
• be of working age.

For those persons who look after incapacitated citizens, the amount of payments is regulated by Government Resolution No. 343, adopted in 2007. The document indicates the amount of the benefit, which is the same throughout the country, provided that the person does not work.

In addition, various additional payments are possible, regulated by local regulations. As for guardianship of minors, the monthly remuneration for this is determined by Federal Law No. 91, adopted in 1995.

In what cases is it possible to obtain patronage for an elderly person?

The legal basis of patronage is regulated by Art. 41 Civil Code of the Russian Federation. Patronage for an elderly person can be established if the latter has full legal capacity. The mental health of the person under guardianship should not be in doubt.

IMPORTANT! This form of guardianship is not established for mentally ill citizens.

The most acceptable and convenient option is when a relative takes care of the elderly person. The likelihood that relations between the participants will settle faster and easier is many times higher in this case. The trust of the ward in his guardian and, in turn, the conscientiousness of the patron are necessary conditions for the success of patronage.

Who can be granted patronage?

Single elderly citizens who find it difficult to take care of themselves for a number of reasons have the legal right to patronage: for example, the presence of a disability or illness that prevents or prevents them from caring for themselves, going out, or visiting public places. The guardianship department keeps records of elderly people in need of help. The guardian in this case acts only as an assistant.

IMPORTANT! The presence of relatives, even close ones, is not an obstacle to establishing patronage.

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Requirements for a guardian

An applicant for guardianship must meet a number of requirements:

• Coming of age.
• Competence – the absence of mental illnesses and deviations is confirmed by a psychiatrist.
• The absence of alcohol, drug addiction, or substance abuse is confirmed by a narcologist.
• The absence of dangerous infectious diseases is a mandatory conclusion from a tuberculosis dispensary.
• No criminal record – in particular, crimes against the person (murder, rape, beatings, etc.). Ardent evaders from paying alimony cannot qualify for a patronage agreement.
• General physical condition – the guardian may need to use physical force when performing duties, his health must be satisfactory. The presence of serious illnesses in the applicant prevents the establishment of patronage.
• The psychological portrait of the applicant, in particular, positive moral qualities such as responsibility, responsiveness, and decency. Temperament and communication skills are important. Elderly people are not always easy to get along with. If a potential patron is stress-resistant and easily adaptable, then such qualities are a definite plus. Reviews about the applicant from the place of study or work will help to create his psychological portrait. Previous termination of a patronage agreement due to dishonest performance of duties is a serious basis for refusal to establish this form of care.
• Having a regular income.

The patron cannot be a social security worker.

IMPORTANT! Subject to equal conditions, preference is given to an applicant who is related to the applicant.

Responsibilities of a Guardian

The list of functions of the guardian must be consistent with the patron and is clearly stated in the contract.

Assistant responsibilities:

• assistance in organizing everyday life - cleaning, cooking, washing;
• running errands – going to the store, pharmacy, etc.;
• assistance in resolving force majeure circumstances - for example, organizing repair work in case of a water pipe break in the ward’s apartment;
• accompaniment when visiting public places - clinics, theaters, etc.;
• representing the interests of the ward, as well as making transactions with his property in the presence of a notarized power of attorney from the ward in the name of the guardian;
• purchase of food, clothing, medicines, interior items and other expenses of funds of the person under guardianship in the interests of the latter and only with his consent;
• at the request of social service specialists, provide information on the consumption of personal funds of the patronized person.

The above list of patron obligations is indicative; it can be supplemented or reduced during personal discussion with the applicant. The contract also specifies the frequency of visits of the guardian to the ward.

What benefits does a guardian receive?

Caring for elderly people within the framework of patronage is work that is carried out, as a rule, on a voluntary basis. The patron may be assigned payments from the pension of the ward, but not more than 5% of the total monthly amount. The clause on charges must be reflected in the patronage agreement. If the patron is over 80 years old, the guardian can count on a monthly payment from the state budget in the amount of 1,200 rubles. In addition, the period of patronage of an elderly person over 80 years of age is included in the work experience of the guardian.

The guardian has the right to count on free legal assistance and psychological consultation.

IMPORTANT! The patron has no right to claim the property and funds of the patron. However, at his personal discretion, the ward may grant the guardian the right of inheritance.

Features of paid services for assisting the elderly

Wealthy people have the opportunity to go to a paid “nursing home” or pay for services so that a needy person, for example, an elderly relative, receives help. This type of patronage is carried out by private institutions. Staying there has certain advantages:

• “Nursing homes” are located in colorful places with good ecology (on the banks of a river or sea, in the mountains, forests).
• Employees caring for the elderly have extensive experience in providing this type of service.
• The diet is prepared by nutritionists depending on the health status of the guest.
• The ward is accommodated in an apartment according to his taste. If it concerns a bedridden person, then the necessary conditions are created.
• Leisure time is filled with various activities so that the elderly person always remains in a good mood.
• Group and personal psychotherapy sessions are held for mentally ill people and people simply in need of communication.
• Residents undergo regular examinations so that the doctor can monitor their condition.
• Loved ones, friends and relatives have the right to visit people in nursing home care on Sundays.
• Each establishment has its own website and online consultants who can help you make a decision.

You will have to pay about 30 thousand rubles for paid patronage. per month. It includes food, medical care and other important nuances. Depending on the situation, services may vary:

The essence of patronage issued by guardianship authorities and services provided by a private institution is to care for an elderly person. The differences are noticeable in the conditions of detention, the services provided, the professionalism of the employees and the speed with which the contract will be drawn up. You won't have to wait a month for a decision. A person in need of guardianship should only pay the specified amount and provide the institution with the necessary package of documents.

The procedure for obtaining patronage

The procedure for establishing patronage for older people requires time to carefully study the circumstances, select a guardian, and prepare the necessary documents. The procedure for registering this form of care consists of several stages:

1. The pensioner contacts the guardianship department with a written application about the need for patronage. Documents confirming the applicant’s need for an assistant are attached to the application.
2. Specialists study the submitted documents and select a guardian within a month from the date of the applicant’s application. First of all, the possibility of establishing patronage with the involvement of relatives is being explored.
3. The documents of the potential patron are checked.
4. The guardianship authorities issue an order to establish patronage. Both parties receive copies of the document.
5. An agreement is concluded between the parties in two copies on rights, duties and responsibilities.

IMPORTANT! Specialists of the guardianship department monitor the interaction between the guardian and the ward. At the first request of the social service, the patron must provide a report on the expenditure of funds of the ward.

List of required documents

In order to obtain patronage, both the applicant and the applicant will need to prepare a package of documents.

The pensioner must provide the following certificates to the guardianship authorities:

• copy of the passport;
• a certificate from a psychoneurological dispensary about legal capacity and mental health;
• a medical report on the applicant’s physical health, confirming the need for outside assistance in care and organization of everyday life;
• a written application for establishing patronage.

The trustee's package of documents includes:

• Copy of the passport.
• A copy of the marriage certificate.
• Certificate of employment – ​​confirmation of the regular income of a potential guardian. If the applicant is not employed, documents confirming the presence of a permanent income will be required: for example, a certificate from the employment center stating that the citizen is registered and is currently receiving unemployment benefits, or a certificate from the pension fund confirming that the applicant has pensioner status and how consequence, monthly pension.
• Certificate from a psychoneurological dispensary about legal capacity and mental health.
• Certificates from a narcological clinic confirming the absence of substance abuse, drug and alcohol addiction.
• Certificate from the tuberculosis clinic confirming the absence of tuberculosis.
• Medical report on the general physical condition of the applicant.
• Certificate of no criminal record.
• Characteristics from the place of work or study.

Since with this form of care the parties to the agreement usually live separately, documents on living space owned by the guardian are not required.

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Conditions for termination of patronage

The patronage agreement is canceled in the following cases:

• death of one of the parties;
• recognition of the incapacity of one of the parties;
• failure of the parties to fulfill the obligations established by the contract;
• termination of the contract at the initiative of specialists from the guardianship authorities due to violation of the rights of the elderly;
• personal reasons of the guardian or patron.

Patronage is the preferred form of care for capable senior citizens. In this case, the feelings of the ward are not infringed, and his personal space is not violated. On the other hand, this is a job that requires dedication, strength and high moral qualities of the trustee. For successful interaction between the parties, regular monitoring and timely consulting assistance from social service specialists are necessary.