What is the difference between a guardian and a trustee? How to obtain guardianship or guardianship over an adult

How they differ: general concepts

Guardianship and trusteeship are restrictions that can be legally established over a citizen of any age and social status.

This measure is intended to regulate his legal capacity in relation to the actions performed. Guardianship and trusteeship are fundamentally different concepts from the point of view of the law and are expressed in different terminology.

They indicate the form of placement of a child in a family or in a special institution, and also regulate the state support of the ward and the powers of the responsible person acting as a guardian or trustee. A guardian has more rights than a trustee, but also a greater burden of responsibilities.

The legislator considers guardianship or trusteeship as a form of social protection over a person incompetent or in the case where a citizen is partially capable. If a child is under fourteen, the legislator considers him completely incompetent, and only guardianship can be established over him.

Guardianship can also be established over a teenager if he is at an older age: from fourteen to eighteen years old - if there are reasons proving that he is incompetent.

To do this, in a lawsuit, it is enough to provide a document about lifelong disability, in which the ability to self-care is lost, or it may be a mental illness.

Only the legal representative, the guardian, can represent the legal interests or any significant actions of the ward. In other cases, guardianship is established over adolescents in the age range from fourteen years to adulthood or adult but partially incompetent citizens.

All children, healthy or disabled, are subject to guardianship and trusteeship.

A senior citizen can act as a guardian or trustee if he meets all the legal requirements.

How is guardianship or trusteeship assigned?

Within one month after a minor child receives the status of a person left without parental care, or an adult citizen is deprived of legal capacity by a court decision that has entered into force, guardianship and trusteeship officials must decide on the appointment of guardianship or trusteeship over such persons.
To do this, OOP specialists:

They find close relatives of persons in need of guardianship or care (brothers, sisters, grandparents, etc.) and invite them to take care of these citizens themselves. For close relatives of such persons, the procedure for appointing guardianship is significantly simplified: the required package of documents is reduced, and they are also exempt from attending guardian courses.
In the event that none of the close relatives agrees to take custody of a minor or incapacitated relative, or such relatives are not found, any adult citizen of the Russian Federation who expresses a desire to obtain guardianship and passes a strict selection can be appointed as a guardian or trustee.
If after a month the guardian is not found, the incapacitated adult or minor orphan child is sent to a specialized medical or social institution. But even in this case, the search for a guardian or trustee does not stop for them.

How to apply?

In an orphanage in the Russian Federation, you can take custody of a minor from 3 to 14 years old. People who decide to do this must be prepared for the problems and difficulties that will inevitably arise. Once in a family, the ward will adapt for some time, get used to new living conditions.

This period will be difficult for both the child and the caregivers. But later everything will work out if the child in the new family is sincerely loved and cared for.

Where to begin?

To obtain guardianship over a minor from an orphanage, you need to contact employees of the guardianship and trusteeship authorities. list of documents

Then you need to visit an orphanage, where you can get acquainted with the personal files of children in need of care, communicate with them and choose one child among them. You can also refer to the regional database, where the profiles of all children left without parental care are stored.

Before making a final decision, it is advisable to find out in advance more about the child’s parents, about how and why he ended up in the shelter. This is necessary in order to better understand your ward, and not offend him with an accidental phrase or inappropriate question.

You also need to carefully study his medical record to know what diseases and infections he is most susceptible to, and whether he is allergic to any foods or medications.

What documents need to be submitted to the guardianship department?

After the future guardian has decided on the choice of the ward, he must collect a package of documents, which includes:

passport;
extract from the house register on registration;
autobiography;
Marriage certificate;
birth certificates of other children in the family, if any;
consent of all family members, including children over 10 years of age, that the ward will live with them;
a document confirming ownership of the living space;
a certificate from the place of employment indicating the position and salary;
characteristics from the place of work;
certificate of passing a medical examination;
certificate of no criminal record;
photocopies of receipts for utility bills;
a certificate confirming that the applicant has completed training courses for guardians;
pension certificate and certificate of pension amount for pensioners.

Registration procedure

The next step is to submit all documents to the guardianship authorities.

You must write an application for guardianship, which should indicate:

name of the body;
applicant's passport details;
registration information;
about the desire to take custody of a minor child;
information about financial situation;
consent to survey of living conditions;
date, signature.

The decision on guardianship is made only by the guardianship and trusteeship authorities; there is no need to go to court for this. After submitting the application, a special commission is convened, which, over the next three days, conducts a preliminary inspection of the applicant’s housing in order to understand the conditions in which the ward will live. Based on the results of the inspection, an inspection report is drawn up.

After 10 days, the commission makes a final verdict, that is, the applicant receives either consent to guardianship or refusal. If the decision is positive, the guardian is given a document confirming his new status.

If guardianship is denied, the reasons for the refusal must be given. In this case, the applicant has the right to challenge the decision of the guardianship council by contacting a judicial authority.

How are the checks carried out?

Subsequently, the guardianship authorities carry out inspections at least twice a year, as a result of which it becomes clear in what sanitary and hygienic conditions the child lives, what he eats, how he studies, etc. In some cases, the guardian is warned in advance about the upcoming appearance of guardianship officials, but Sometimes unscheduled inspections are also carried out.

Expert opinion Maria Lokshina Family law expert since 2010

The guardian is required to provide an annual report on the expenditure of funds for the needs of the child.

Guardian: appointment, rights, responsibilities

A guardian is considered a person who has assumed the responsibilities of care, education and maintenance:

a minor child under fourteen years of age left without parental care;
an adult who has been declared completely incompetent by a court decision that has entered into force.

Mostly, guardians are people close to the ward who are ready to take responsibility for caring for a sick person or a small child.

It is important to remember that refusing guardianship does not have any legal consequences for the relative; the decision to obtain guardianship must be completely voluntary.

To become a candidate for guardianship, an applicant must meet three conditions:

be an adult, that is, over eighteen years of age;
have full legal capacity;
do not have an outstanding criminal record;
not be prosecuted by law enforcement agencies.

The following additional criteria will also be important for registration of guardianship:

the candidate for guardianship has his own living space that meets all sanitary standards;
having a permanent job;
moral and moral qualities of the candidate for guardian;
the applicant’s state of health, allowing him to care for the ward (a medical certificate will be required to confirm the state of health);
good characteristics for the candidate from work and place of residence.

Rights and responsibilities of a guardian

To support the wards, the state transfers various monetary payments to the nominal account of the guardians or trustees. It can be:

survivor's pension for a minor;
pension for an incapacitated person due to disability;
all kinds of benefits;
alimony for the maintenance of a minor if his parents are alive but deprived of parental rights;
other payments.

Typically, if guardianship is established over an adult but incompetent disabled person, the guardian receives additional payments, which are intended for the purchase of medicines, special nutrition required for some categories of disabled people, attendance at special rehabilitation classes, and other necessary financial expenses.

It is important to remember that all funds received into the guardian’s account should be spent only on the needs of the ward; the use of these funds by the guardian for his own personal purposes is unacceptable.

Some other requirements for guardians:

He must take all possible measures to preserve the personal property of the ward. If this is possible, extract profit from this property, which the guardian is obliged to transfer to the personal account of the ward, or use it in the interests of the ward. If the guardian uses the pupil’s property without the permission of the guardianship and trusteeship authorities, the staff of the educational institution may consider these actions illegal and terminate the guardianship.
A guardian is the legal representative of his ward in all state and other authorities, including in court. Any transaction made on behalf of the ward must be carried out solely in the interests of the ward.
The representative of the ward has the right to dispose of any movable or immovable property of his ward, including making a profit from it, but only with the permission of the PLO and in the interests of the ward. For example, he can rent out an apartment that belongs to his pupil, but all proceeds from the rental of housing must be transferred to the child’s bank account, or in some other way added to his property.
The guardian is obliged to live with his ward minor child. As a general rule - on the territory of the guardian, but the law allows the guardian and the child to live in an apartment or house owned by the ward if the interests of the child require it.
If guardianship is established over an adult incompetent citizen, then the law allows for separate residence of the guardian and his ward, but subject to the mandatory constant presence of another capable person with the disabled person, for example, a nurse hired by the legal representative.

Types of guardianship

Guardianship is issued for a certain period or indefinitely. Initially, at the stage of registration of guardianship, the conditions in which the ward will live are specified.

All nuances are fixed in advance in the guardianship agreement. Guardianship can be issued over:

minor children;
pensioners;
disabled people of the first, second or third group;
citizens who have mental disorders and require constant care.

When registering guardianship over a disabled person, the disability group is taken into account. The guardian can be permanent, living together, or a foster carer who visits regularly. A patronage guardian is appointed if the citizen in need of help and supervision is competent and does not have mental illness. Such a guardian solves everyday problems and makes small transactions in the interests of the disabled person.

If a disabled person is recognized by a court as mentally ill and incompetent, then in this case the guardianship and trusteeship authorities appoint a permanent guardian after the entry of a court decision recognizing the disabled person’s incompetence.

The guardian takes full responsibility not only for caring for the disabled person, but also manages his finances. Once a year, a report is submitted on how the funds belonging to the disabled person were spent.

Trustee: appointment, rights, responsibilities

A caregiver is considered to be a person who has assumed the responsibilities of caring for or raising:

teenagers from fourteen years of age until they come of age or emancipation, left without parental care;
adult citizens who, by a court decision that has entered into force, are limited in legal capacity (cannot fully control their actions due to illness or addiction to drugs, alcohol, etc.).

Rights and responsibilities of a trustee

Trustees have slightly different responsibilities.
Since his wards have some, albeit limited, legal capacity, the main task of the trustee becomes control over the actions of his ward. He must limit the pupil from committing rash actions, protect him from the encroachment of third parties. At the same time, wards in the case of guardianship can independently carry out some small household transactions, for example, make small purchases, and pay for housing and communal services on behalf of an adult. The ward, if he is an adult citizen with limited legal capacity, can get a job and spend his salary independently.

But making any major transactions without the permission and participation of the trustee in the transaction is unacceptable. For example, if a gambling addict with limited legal capacity sells his apartment without the participation of a trustee in the transaction, the purchase and sale agreement may be challenged in court. In this case, the buyer will be forced to return the residential premises to the former owner.

Main differences

It is worth understanding the difference between guardianship and trusteeship. So what is guardianship?

Guardianship is a type of upbringing and maintenance of children who have not yet turned 14 years old. When the child reaches 14 years of age, the guardian automatically becomes a trustee.

In turn, guardianship is the same actions aimed at raising children, but the age of the children is from 14 to 18 years. This is the main difference, but there are also a number of statutory amendments under which a guardian and a trustee have slightly different rights.

A guardian in relation to a minor has the opportunity to:

make legal transactions;
go to court if the rights of the ward have been violated or transactions have been made not in the interests of the ward, but for the selfish purposes of third parties;
The guardian is responsible for damage caused by the child.

The list is not closed; the legislator provides for a number of other actions that the guardian has the right to perform on behalf of the ward.

The trustee, in turn, has the right:

On behalf of the ward, demand the collection of debt from another person.
If necessary, file a lawsuit to invalidate the transaction made by his pupil.
To give or not to give consent for the ward to carry out transactions, except those that he has the right to carry out independently and without the permission of the trustee.

Upon reaching the age of majority, the child no longer needs guardianship if recognized by the court as competent.

Differences between guardianship and trusteeship and patronage

Patronage is the concept of providing assistance to a capable person for payment on his part in favor of the patronage body, in contrast to guardianship and trusteeship, where the ward is considered incompetent, and the payment is made by the state in his favor.

The patronage agreement is concluded on a voluntary basis, where the person in need acts as a customer of services and can refuse them at any time.

The patronage agreement is voluntary and can be terminated at any time at the request of the customer. The structure of this type of contract includes services for resolving current personal or everyday issues, asserting one’s rights and fulfilling obligations. As a rule, services of this kind are used by disabled people and elderly citizens.

The direct patronage executor providing assistance does not become an official representative and cannot act on his own behalf without a power of attorney from the customer. Relations between them are of a civil law nature. The patronage assistant does not acquire material rights in relation to the customer of services.

An assistant can be provided by social protection authorities. A social worker as an individual does not have the right to enter into a patronage agreement with a ward. The contract is concluded for a fee with a government agency, with the patronage department.

Differences from patronage

Despite the apparent similarity with “patronage,” the concept of “patronage” has a fundamentally different meaning. The term “foster care” means a foster family, which is a form of trust between a new foster family and a foster child on a paid basis.

Patronage is a job for a teacher at his home, he is paid a salary, and his work experience is counted. If a child who has lost his parents has no relatives, the state offers to take him into the care of specially trained people on the basis of a foster care agreement for a fee.

This process is more complex than adoption at a tender age or guardianship by relatives. When fostering a child, a child is given to people who are strangers to him and have not previously known him. The child does not experience related feelings towards the foster family, therefore, before transferring to the foster family, in theory, an adaptation period is provided.

According to the agreement, the educator is an employee of the Authorized Patronage Service; children who are in transition to guardianship or adoption are placed under such upbringing. The length of time a child is placed under foster care may depend on the decision of the guardianship authorities.

Adoption

The priority way for a child to enter the family is to give ward status to a son/daughter. The acquisition of a new home by a minor as a blood relative is not limited to the age limit of reaching 18 years of age. The law guarantees the permanent residence of the pupil with the acquisition of corresponding rights and obligations.

Children no older than 18 years of age are eligible for adoption, and the age of the adoptive parent must be 16 years or more older than the age of the ward. The desire to adopt a child is often based on the desire of the spouses to become a single family unit if the mother has a child from her first marriage. Another typical situation is the adoption of a minor by a childless couple. These parents take the highest degree of responsibility for the development of the new family member.

Adoption of babies

About the advantages and difficulties of a foster family

The undoubted advantages of a child joining a family as a child are the following factors:

feeling like a son (daughter) to the fullest;
property rights on a general basis for family members;
inheritance rights throughout life without age restrictions;
protection of the secrecy of adoption;
assignment of first name, patronymic, last name, date of birth (within a year) with changes if necessary;
finding an environment of relatives who protect the interests of the minor.

The form of adoption, although recognized as beneficial for a minor without the guardianship of biological parents, also has its certain disadvantages:

Lack of government support in the form of financing (benefits, compensation, benefits) upon adoption. The exception is payments related to the birth of a child, receipt of maternity capital on a general basis, when a second newborn baby is accepted into the family.
Rigid selection of candidates and long procedures for adoption in court.
Frequent bans by new parents on communication with their ward for former relatives.

Additional Information. Returning an adopted pupil to a social protection institution is permitted only by a court decision based on compelling reasons.

What is the difference between a guardian and a trustee?

Guardian is the legal representative ...

a young child from birth to 14 years of age;
an adult who is completely deprived of legal capacity.

The trustee is the legal representative...

a minor child from 14 to 18 years old;
an adult who has limited capacity (for example, due to addiction or a mild form of mental disorder).

Responsibilities

The guardian represents the legal interests of the ward, takes care of him, educates him, manages his income and property, makes all decisions, is responsible for the actions of the ward, makes all transactions on behalf of the ward (Article 32 of the Civil Code of the Russian Federation, clause 2 of Article 145 of the RF IC) .

The trustee also represents the legitimate interests of the ward, takes care of him, makes some transactions on behalf of the ward, and allows the ward to carry out some on his own, and also assists in the independent protection of rights and fulfillment of duties by the ward, protects against abuse by outsiders (Article 33 of the Civil Code RF, clause 2 of article 145 of the RF IC).

Age and capacity of the ward

The main difference between a guardian and a trustee is the age and capacity of the wards.

Guardianship is assigned...

over a child aged from birth to 14 years old who was left without a mother and father
over an adult deprived of legal capacity by a court decision.

According to Art. 28 of the Civil Code of the Russian Federation, young children under 14 years of age are incompetent. Like adults deprived of legal capacity by a court decision (Article 29 of the Civil Code of the Russian Federation), they cannot independently represent and defend their own rights, fulfill duties, and bear responsibility for actions and decisions. Such wards can only make small transactions (for example, spend pocket money), and the guardian bears full responsibility for managing the income and preserving the ward’s property.

The guardian is also responsible for the life and health of the ward.

Guardianship is appointed...

over a minor child aged 14 to 18 years;
over an adult limited in legal capacity by a court decision.

According to Art. 26 of the Civil Code of the Russian Federation, after reaching the age of 14, wards acquire limited legal capacity. They can independently or with the permission of the trustee make various transactions. They can work or engage in business (with the permission of the trustee and the PLO) and manage their own income.

As adults limited in legal capacity by a court decision (Article 30 of the Civil Code of the Russian Federation), minor children from 14 to 18 years old are already responsible for the actions committed and the harm caused.

For the rest, trustees represent the interests of the wards, take care of them, protect them from outside attacks and abuses.

Requirements

The requirements for persons who can be appointed guardians and trustees are the same. They should be…

fully capable;
adults;
healthy (presence of a serious illness that prevents the performance of duties - an obstacle to guardianship or care);
have no criminal record;
not previously deprived of parental rights, not removed from guardianship/care for violation;
owning or using their own residential premises.

Appointment procedure

The procedure for appointing guardianship and trusteeship is identical (Article 11 of the Federal Law of the Russian Federation “On guardianship and trusteeship”):

submission by an interested person of an application for the right to be a guardian and trustee;
submission of documents;
review of the application and documents by representatives of the PLO;
completing training courses for guardians and trustees and obtaining a certificate;
visits by representatives of the PLO at the place of residence and inspection of housing and living conditions;
issuance of an opinion on the right to be a guardian and trustee;
issuance of an act (decision or resolution) of a local government authority on the appointment of guardianship/trusteeship;
concluding an agreement on paid guardianship/care.

Cohabitation

Art. 36 of the Civil Code of the Russian Federation provides for the need for cohabitation between the ward and the guardian. The only exception is the situation when a minor must study in a specialized organization. And in the locality where the foster family lives, there is no necessary educational institution.

The caregiver and the student must live together until the child’s 16th birthday. From the moment they reach the specified age, they can live separately.

To do this, you must obtain permission from the guardianship department at the guardian’s place of residence. The main reason for separation is the education of the ward in another locality.

Property responsibilities

The property responsibilities of a guardian and a trustee do not differ. They are equally responsible for the misuse of the child's property.

Every year, before February 1, foster parents must submit a written report to the guardianship department on the safety of the children’s property and the disposal of the pupil’s funds.

Funds for the maintenance of the ward are transferred to the nominal account of the guardian. Therefore, both the guardian and the trustee can manage the child’s benefits, pension and alimony until he reaches 18 years of age.

Property rights

Guardians and trustees do not own property belonging to their wards (they cannot use or dispose of it), and vice versa - wards do not become co-owners of the property of guardians and trustees, but can use this property with the permission of the owners (Article 17 of the Federal Law of the Russian Federation “On Guardianship...” ).
Guardians and trustees are obliged to take care of the safety of the property of their wards (Article 18 of the Federal Law of the Russian Federation “On Guardianship...”).

Guardian…

independently, at its own discretion, manages the income of the ward - in his interests
must obtain permission from the PLO to carry out certain transactions with the income and property of the ward (for example, when selling housing owned by a child or an elderly person, a mentally ill or mentally retarded adult). The PLO gives permission to carry out such transactions if the interests of the wards are not violated (clause 2 of Article 37 of the Civil Code of the Russian Federation).

Trustee...

disposes of the income of the ward (except for those incomes that the ward has the right to dispose of himself) - in his interests (clause 1 of Article 37 of the Civil Code of the Russian Federation);
gives permission for the ward child to independently dispose of his own income (clause 2 of article 33 of the Civil Code of the Russian Federation, clause 1 of article 26 of the Civil Code of the Russian Federation).

A child in his care can dispose of some income (personal earnings, scholarships) independently, without waiting for the permission of the trustee (Clause 2 of Article 26 of the Civil Code of the Russian Federation).

But if there are sufficient grounds (for example, mental disorder), the court can deprive the ward of the right to independently make small transactions and dispose of income (clause 2 of Article 30 of the Civil Code of the Russian Federation).

Responsibility for the actions of the ward

In accordance with Art.
1065 of the Civil Code of the Russian Federation, a person who causes damage to someone else’s property is obliged to compensate it in full. But, if the person who caused the harm is incapacitated, all responsibility is transferred to the legal representative. Thus:

if the harm was caused by a young child under the age of 14, or an adult who is completely deprived of legal capacity, then the guardian is responsible for the actions committed, and he also compensates for all the harm caused to his ward;
if the harm was caused by a partially capable adult or a minor child aged fourteen years or older, then the trustee does not bear any financial responsibility for the actions of his ward, in this case compensation for the harm caused occurs at the expense of the ward.

Payments

Guardianship and trusteeship can be appointed both free of charge and for a fee. The legal representative of a minor, regardless of the age of his ward, may qualify for a number of federal and municipal payments and benefits, for example, for:

a one-time payment when registering guardianship or trusteeship;
monthly payments for the maintenance of the child under guardianship;
discounts on utility bills;
right to free travel;
assistance in purchasing medications;
many other payments and benefits.

Of course, this does not mean that all of them are valid in your region. When registering for guardianship or trusteeship, you need to ask the employees of the PLO what payments or benefits you can apply for in case of registration of guardianship or trusteeship.

The above applies only to the registration of guardianship or trusteeship of minor children. If a citizen takes under guardianship or trusteeship an adult who is incapacitated or has limited legal capacity, then all he can count on is an additional payment of 1,200 rubles, plus accrual of length of service. Moreover, only when registering guardianship over a disabled person of the first group or a person over eighty years old, and only if the guardian has no other sources of livelihood.

So, to summarize:

A guardian is considered to be the legal representative of: a minor child under the age of fourteen;
a completely incapacitated adult citizen.

The legal representative is considered to be the trustee:

a minor child aged 14 to 18 years;

an adult citizen with limited legal capacity.

Briefly: the guardian performs any legally significant actions instead of his ward, and the trustee - together with him.

The powers of guardians and trustees are in many ways similar: both repeat the rights and responsibilities of natural parents. However, there are certain differences. Many legal representatives of their wards do not fully understand what they have the right to, and what they should never do. Difficulties arise with the ward or with the guardianship and trusteeship authorities.

Child custody forms

The difference between guardianship and trusteeship lies in several fundamental points. To understand the question of how guardianship differs from trusteeship, you need to decide on the terminology. First of all, it must be said that there are several forms of guardianship. This institution can be divided into categories depending on a number of characteristics.

The main types of guardianship according to the provisions of the law are the following:

constant. This means that the child is placed in a family where he will be raised until he is 14 years old. Upon reaching the specified age, guardianship automatically terminates. In this case, placement in a family may be associated with the removal of a child from his natural parents, since being in a family poses a threat to his moral and physical development. A permanent form of guardianship is used when initially there are relatives who are ready to accept the child into their family. As a rule, guardianship authorities give preference to relatives. But the child can be placed in any other family that is ready to raise him;
preliminary. This form means that the child must be placed with a family immediately. Such situations are possible when the selection took place due to the situation, and the guardianship authorities were not prepared. Accordingly, the child is placed with a family for a certain period of time. In this case, the basis for temporary guardianship becomes the impossibility of placing the child in a social institution. The period of preliminary guardianship is one month. After this period, the guardians can obtain permanent guardianship. Otherwise, the child will be transferred to other persons or placed in an orphanage. In addition, the law provides for the possibility of extending this period to 2 months. But this is allowed only in exceptional cases.

Forms of guardianship can also be divided into gratuitous or remunerative. The difference between guardianship and trusteeship lies in this.

Guardianship may provide for the guardians to receive remuneration for the upbringing and maintenance of the child. Such remuneration is paid exclusively from the funds and property of the minor.

Guardianship

Guardianship and trusteeship, the differences lie in various essential features of these social institutions.

Guardianship is established for incapacitated persons. These include children under 14 years of age.

It involves raising a child in a family.

At the same time, he knows that the guardians are not his natural parents. The child retains his property, but cannot dispose of it. Such powers are provided for guardians, who can act with the approval of the guardianship authority and the consent of the child himself.

Guardianship

Registration of guardianship is allowed after 14 years of age.

Accordingly, the child acquires limited legal capacity. That is, he acquires the right to sign documents and can find a job.

In this case, the child continues to live in the family of guardians. In fact, nothing changes.

The change from guardianship to guardianship occurs automatically in connection with the acquisition of legal capacity by the child. After all, he already has the right to take actions to dispose of his property. Therefore, the rights of guardians should be limited.

How often are checks carried out after establishing guardianship or trusteeship?

After establishing guardianship (or trusteeship), the guardianship and trusteeship authorities conduct mandatory scheduled inspections of the living conditions of the ward.

If the ward lives with you, checks are carried out:

within the first month after the decision to appoint a guardian is made - 1 time;
during the first year after establishing guardianship - once every 3 months;
over the next years - once every 6 months.

For guardians (or trustees) who are close relatives of their wards, the rules for conducting routine inspections of living conditions are relaxed. Checks are carried out:

during the first year after the decision to appoint a guardian is made - 1 time;
over subsequent years - once every 3 years.

If the ward is placed under the supervision of a medical organization or social service organization, checks are carried out:

within the first month after the decision is made to place the ward under supervision - 1 time;
during the first year and subsequent years - once every 6 months.

If complaints are received about non-fulfillment or improper fulfillment of their duties by a guardian or trustee, the guardianship and trusteeship authority may conduct an unscheduled inspection.

List of documents required for registration of guardianship and adoption of a child

The list of documents for both situations is almost the same:

a copy of the passport and the original for comparison;
a statement outlining the essence of the request;
a certificate from the employer confirming employment and information on average income for the last year;
confirmation of housing ownership or rental;
a medical document to confirm your health status and the absence of dangerous diseases;
a document confirming no criminal record;
autobiography;
characteristics from the place of work.

Where to apply for registration

To get started, you need to know where your local government is located. The structure of the local administration always has a department that manages issues of guardianship and trusteeship. The employees of this body will be the first with whom you should discuss issues of this responsible step. They will also help with the preparation and submission of a complete package of documents for making a decision.

Benefits for guardians

Guardians and trustees, being responsible for the fate of another person, have some benefits that the state provides them.

If we are talking about children, you can count on the following benefits:

a guardian or trustee may work part-time, while wages are paid based on hours worked;
When raising a child under 5 years of age, the guardian may not work night shifts, go to work on weekends and holidays, and refuse business trips. If the guardian himself does not express a desire, then in this case a special document is drawn up in which the consent of the guardian is recorded;
if there is a child under 1.5 years of age in care, then the guardian has the right to raise the child and stay at home, while receiving 40% of his salary;
You also have the right to extraordinary leave at your own expense, not exceeding 14 days.

The state, taking care of the pupils and caregivers, allocates some financial assistance from the budget to such families. Payments are made not from the federal budget, but from the regional one, so payment amounts may vary significantly depending on the region of the country.