Until what age can a grandmother become a child's guardian?

Requirements for the identity of the guardian

According to Russian legislation, an adult capable citizen of the Russian Federation can become a guardian. This is the main criterion. But when considering a candidate for guardianship, employees of the guardianship and trusteeship authorities also take into account other circumstances, for example, close relatives of a child left without parental care have a priority right to obtain guardianship:

• Grandmothers and grandfathers;
• brothers and sisters who have reached the age of majority;
• uncles and aunts;
• other close relatives.

Who can become a guardian

A legally capable citizen of the Russian Federation can become a guardian:

• at least eighteen years of age;
• trained in guardian school;
• has no criminal record and has not committed other illegal actions, especially acts directed against the life or health of citizens;
• do not have any mental illness, as well as alcohol or drug addiction;
• some other conditions.

Who cannot be a guardian

PLO employees will never entrust custody of a minor child to the following persons:

• under eighteen years of age;
• deprived of parental rights or limited parental rights;
• having a criminal record, especially for committing serious and especially serious crimes;
• former guardians, if they were removed from the duties of raising a minor due to their fault;
• having alcohol, drug or other addiction;
• unable to fulfill the responsibilities of raising a minor due to physical disability or the presence of a disability of the first group;
• who have not been trained and have not received a certificate for the right to be a guardian.

Temporary guardianship or trusteeship

There are cases when parents are temporarily unable to fulfill their obligations towards the child. In this case, they have the right to apply to the guardianship and guardianship authorities so that their child is temporarily transferred to a third party. This right is enshrined in paragraph 1 of Art. 13 Federal Law No. 48.

Having placed a child under temporary guardianship or trusteeship, parents can independently choose the person to whom they will be transferred. They will also not be limited in their parental rights regarding the baby.

You can use the temporary guardianship option in the following situations:

• both parents work on a rotational basis;
• natural parents are forced to undergo long-term treatment;
• parents went on a long business trip;
• in any other situations when parents cannot fulfill their responsibilities towards the child for a long period.

The differences between temporary guardianship and permanent guardianship are as follows:

• if a minor is under temporary guardianship, he will not receive the status of an orphan or a child left without parental care;
• a child who is under temporary guardianship, his parents can return him at any time by withdrawing the appropriate application from the educational institution;
• the temporary guardian is not entitled to receive benefits, payments or allowances for the maintenance of the child;
• parents who have placed their child in temporary guardianship are not limited in their rights regarding the child;
• the document in which the fact of transfer of rights to guardianship is recorded has its own expiration date.

A citizen who has taken temporary custody or guardianship of a child has all the rights and responsibilities of an official guardian. A temporary trustee cannot dispose of the property of his ward, nor give his consent to him entering into any transactions.

Rights and obligations

Potential guardians should know their rights and responsibilities. In accordance with Art. 36 of the Civil Code of the Russian Federation and Art. 148 of the RF IC, the rights and responsibilities of guardians are similar to parental rights and responsibilities. The exception is property rights.

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So, the guardian has the right:

• raise a minor ward;
• receive financial incentives and other benefits provided for by Russian legislation in relation to guardians;
• in case of paid guardianship – receive a one-time and monthly monetary remuneration;
• regulate and provide the ward with the opportunity to communicate with other close relatives.

In addition, persons who have taken custody of a minor child have the right to:

1. Represent the minor and his interests in any institutions and organizations.
2. Act on behalf of the child in any bodies, including state and municipal.
3. Represent the interests of a minor ward in courts of any level.
4. Demand compensation for moral or material damage caused to their ward by third parties.
5. Take all lawful measures to protect or preserve the minor's personal property.

In addition to their rights, guardians have a number of responsibilities towards their wards, including:

1. Caring for the full upbringing and maintenance of the pupil. This list includes: healthy eating;
2. purchasing necessary clothing and shoes for the season;
3. providing the child with toys and other things necessary for his development;
4. purchasing uniforms for school or sports clubs, stationery, and other items.

There are also some restrictions:

1. The guardian does not have the right to make decisions as a result of which the financial rights of the child will be violated.
2. He does not have the right to spend the benefit paid for the baby on his personal needs.
3. The guardian has no right to rent out or sell the property of the ward without the permission of the guardianship and trusteeship authorities.

Until what age is a child eligible for guardianship?

Guardianship of a minor is established until he reaches the age of fourteen. Next, the child receives a passport of a citizen of the Russian Federation and becomes partially capable. From this age, guardianship becomes guardianship.

What is the difference between guardianship and guardianship

The difference between these concepts is large, and it lies in the scope of the rights and responsibilities of the minor citizen himself, since from the age of 14 a teenager has the right to make many serious decisions himself, and the guardian only gives consent or does not approve of his choice.

Guardianship is established over minor children aged 14 to 18 years.

If the guardian himself makes transactions (on behalf of the child), then the trustee only gives consent. When a minor citizen causes damage to property, the guardian himself is responsible for this, and the trustee only bears subsidiary liability. This means that the level of responsibility of a guardian is much higher than that of a trustee.

At what age can a citizen of the Russian Federation become a guardian?

In Art. 35 of the Civil Code of the Russian Federation states that a fully capable citizen of the Russian Federation who has reached the age of majority can become a guardian. Article 21 of the Civil Code of the Russian Federation states that a citizen becomes an adult after he reaches the age of eighteen. It is from this moment that he receives the right to perform all civil duties and receive all civil rights.

But paragraph 2 of Article 21 of the Civil Code of the Russian Federation stipulates some conditions under which a person under eighteen years of age can obtain full legal capacity. So, if a citizen has not yet reached the age of eighteen, but:

• began to perform labor duties under the employment contract;
• entered into a marriage registered with the registry office;
• registered an individual entrepreneur in his name,

then he receives full legal capacity from the age of sixteen.

Such a citizen is considered emancipated and has all the rights, as well as all the responsibilities that are inherent to an adult citizen of the Russian Federation. emancipation can be carried out by a court decision, or in accordance with a resolution of local government bodies.

If there is consent from the parents, adoptive parents or guardian, then it is formalized in the local municipality. If the minor does not have a legal representative, or parents or guardians refuse to consent to emancipation, it may be established by court decision.

Guardianship of incompetent adults

An incompetent person is not someone who, due to alcoholism or drug addiction, does not understand what he is doing, but someone who has been declared incompetent by the court by making a decision on this.

Even the craziest will be considered legally competent, although he spends half his life in a mental hospital until the court puts an end to it.

If only guardianship is possible over alcoholics and drug addicts, who are also not completely healthy adults, then for the incapacitated - only guardianship.

This is necessary so that a mentally ill person does not fall into the hands of scammers and does not lose his home, so that someone takes care of the incapacitated person, monitors his condition, manages his everyday affairs and manages his finances.

The most worthy of all applicants who have applied to the PLO with an application is appointed as a guardian, on the basis of a court decision declaring an adult incompetent (Article 29 of the Civil Code of the Russian Federation).

Until what age can you become a guardian?

So, we have decided on the minimum possible age when a person can become a guardian. What does the law say about the maximum possible age?

However, in practice, guardianship and trusteeship authorities adhere to an unspoken rule in which guardianship is issued if the applicant is not older than sixty years. It is used to protect the interests of minors, and especially young children. The reasons for this rule are quite clear:

1. Not all citizens who have reached the age of sixty can fully perform guardianship duties. Physical capabilities deteriorate, memory decreases. Guardianship, especially of young children, requires a lot of physical effort and considerable activity, which cannot be said about many grandparents over sixty years of age.
2. PLO employees are also concerned by the fact that citizens over sixty years of age, due to their age, often have a whole bunch of chronic diseases, which can lead to the premature death of their guardian. And this will cause severe psychological trauma to the child, who has already lost his parents.
3. In the event of the death of the guardian or the impossibility of continuing to fulfill guardianship duties, the child will be forced to leave the guardian and get used to a new place of residence, a new family.

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But the age of a candidate for guardianship is over sixty years old does not mean that the child will be entrusted to him a priori. Everything will depend on the physical condition of the applicant, his health, the presence or absence, as well as the severity of chronic diseases.

Thus, everything is determined by an individual approach to each case. All candidates for guardians differ not only in age, but also in health, income level, mental and physical development. Some seventy-five-year-old grandmothers are more suitable for the role of caregiver than fifty-year-old women who have a whole bunch of chronic diseases and have come to terms with the fact that their lives are over.

Example

An elderly woman, Irina Matveeva, contacted the Department of Guardianship and Trusteeship. She asked to obtain guardianship over a five-year-old girl, Natasha Nikandrova, whose mother was deprived of parental rights, and the girl was placed in an orphanage. Guardianship and trusteeship specialists tried to dissuade the woman, citing the fact that she was already over sixty years old and it would be difficult for her to raise the baby.

The woman explained that she is already the guardian of little Natasha’s two older sisters, the girls are eleven and nine years old, they are completely independent and are already helping Irina with the housework. She asked not to separate the sisters and assured that she would cope with raising the third sister, as she copes with the two older ones.

The PLO officers visited the family and saw that Irina Matveeva’s house was clean and tidy, the girls were well-groomed, friendly, there was a very warm, family relationship between them and Irina, they called the guardian mom. The sisters also asked the PLO officers not to separate them from their sister and to transfer the baby into the care of their family.

The guardianship and trusteeship authorities met the requests of the guardian and her pupils and formalized the guardianship of Irina Matveeva over little Natasha.

We have selected similar situations for you

The requirements for the identity of a guardian or trustee are established by the Civil Code of the Russian Federation, and when establishing guardianship or trusteeship in relation to minors, also by the Family Code of the Russian Federation. Thus, only adults and capable citizens can be appointed as guardians and trustees. Citizens deprived of parental rights, as well as citizens who, at the time of establishment of guardianship or trusteeship, have a criminal record for a deliberate crime against the life or health of citizens cannot be appointed as guardians and trustees. The following cannot be appointed as guardians (trustees): persons deprived of parental rights; persons who have or have had a criminal record, are or have been subject to criminal prosecution (with the exception of persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insults), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, as well as against public safety, peace and security of mankind; persons who have an unexpunged or outstanding conviction for serious or especially serious crimes; persons who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the legislation of the state in which such marriage is permitted, as well as persons who are citizens of the said state and are not married. Persons with chronic alcoholism or drug addiction, persons suspended from performing the duties of guardians (trustees), persons with limited parental rights, former adoptive parents, if the adoption was canceled due to their fault, as well as persons suffering from diseases, cannot be appointed as guardians (trustees). the presence of which a person cannot accept a child under guardianship, trusteeship, or take him into a foster or foster family. Therefore, if there are no other reasons besides age, i.e. the guardian is healthy, then an elderly person can also be appointed as a guardian. The ward lives with the guardian. There is no obligation for joint registration as such, only accommodation

Proposed changes

In 2020, a bill was submitted to the State Duma for consideration, which proposes some restrictions when establishing guardianship over minor children left without parental care. One of these restrictions is proposed to establish the maximum permissible age at which a citizen can adopt a child. The restriction will apply to all citizens of the Russian Federation over 65 years of age, regardless of the gender of the applicant.

This age limit will help the guardianship and trusteeship departments to prevent the transfer of young children to the care of elderly grandparents. Currently, in the absence of this restriction, there is a practice of transferring very small, in some cases even newborn, children to the care of even great-grandmothers or great-grandfathers, if there are no other, younger relatives.

Now PLO specialists cannot in any way limit or cancel the transfer of very young children to the care of blood relatives, even if these relatives are much older than sixty years. However, this practice often leads to dire consequences.

There are cases when an elderly guardian fails to establish full contact with the baby, the child gets out of the control of the adult, who is forced to return the baby to the orphanage. Or, on the contrary, the baby becomes attached to the grandmother, and she dies a short time later.

In both cases, the child is forced to suffer.

However, as of September 2020, the bill has not yet been adopted, so there are currently no restrictions on the maximum age of the guardian.

Since the law does not yet establish any maximum possible age for a guardian, refusal to formalize guardianship due to the advanced age of the applicant is illegal. If a person who wants to foster a child meets all the conditions for registration of guardianship, that is:

• does not have any mental disorders;
• severe or chronic illnesses that prevent the ability to care for the baby;
• did not commit any illegal actions;
• has a permanent place of residence,

then guardianship and trusteeship officials cannot refuse to formalize guardianship just because the person is elderly.

Therefore, in case of refusal to obtain guardianship based on any age limit, you can go to court. And, most likely, the court will meet you halfway.

But you will need serious preparation for legal battle. To do this, it is advisable to seek help from an experienced lawyer specializing in family law. Our site's lawyers can advise you on this and any other issue related to civil law. To contact our specialists, all you need to do is call the numbers provided, or briefly describe your problem in the chat.

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Care for the elderly

Elderly people who understand everything and have not lost their memory, but due to old age are unable to care for themselves, can receive guardianship, which is correctly called guardianship in the form of patronage.
It is important that such frail citizens do not suffer from mental disorders, that is, they are capable.

When such an old person feels that it is difficult for him to cope with everyday worries, then he himself must personally apply to the PLO service to assign patronage to him. Usually the age of such old people is 80 years or more.

The patronage caregiver must visit the old man every day, help him with the housework - shopping in a store, pharmacy, cleaning, helping him bathe, prepare food, etc.

Until what age is child custody possible?

Unfortunately, not all children have the opportunity to receive the warmth of their parents. Due to various circumstances, parents place their children in the custody of third parties.

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Guardianship of a child is a form of social protection in which the rights of family upbringing, protection and education are transferred to third parties.

In what cases do adults need guardianship?

Adults need guardianship not only in cases of incapacity, but also in cases of permanent disability caused by illness, injury and confirmed disability status.

Even if an adult is capable and understands everything, but is immobilized or limited in movement, he cannot fully exercise his rights - to make transactions, manage money, and also perform self-service functions, including shopping and cooking. In such cases, guardianship is necessary.

Law

Registration of guardianship is accompanied by a considerable number of different nuances. And all of them are regulated in current legislative acts. Having studied all the legal aspects, a person will not have any difficulties in obtaining custody of a child.

The most significant code for establishing guardianship and trusteeship is the Family Code:

• in case of prolonged absence of parents and other cases, the transfer of a child is regulated by Article 145 of the RF IC, which stipulates all aspects of establishing guardianship and trusteeship, as well as the age of the ward and requirements for the guardian;
• Article 121 of the Family Code stipulates the rights and interests of children who are left without parental care.

Federal Law No. 48 “On Guardianship and Trusteeship” as amended in June 2020 also has an impact.

The basic concepts and procedure for registering guardianship are regulated here. The new edition now refers to incompetent citizens and orphans without care.

Guardianship and guardianship

There are three types of guardianship and trusteeship:

• constant;
• temporary;
• preliminary.

Permanent guardianship is one of the most common adoption options. There are gratuitous and paid guardianship. In the first case, the citizen who took the child into care will receive an allowance from the state for his maintenance. In the case of paid guardianship, the person who took custody of the child has the right to receive a monthly allowance for his maintenance, as well as a one-time payment.

Guardianship and conservatorship are different from adoption from a legal perspective. The status of foster parents is fixed for life, but a citizen ceases to be a guardian when the child reaches the age of 18.

If a child is under guardianship, then the citizen responsible for him does not have the right to be his heir, receive alimony payments in the event of his incapacity, or make property claims against the ward.

Conditions of registration

Child custody is a form of protection. It is valid for a child under 14 years of age. In this case, a child over 10 years old must already give permission for guardianship.

In the case when the child has not reached this age, his opinion is asked, but in most situations only the decision of the parents is taken into account.

The guardian undertakes obligations to protect the property and personal rights of the ward. In addition, it protects him from negative influences and helps him gain knowledge and skills.

The concept is often confused with guardianship and adoption:

1. Guardianship is no different from guardianship, but has a slightly different age censorship - from 14 to 23 years. Establishing guardianship for the period from 18 to 23 years of age is possible only if the child attends full-time classes at a higher educational institution.
2. Adoption is the same form of social protection, but guardians already perform all the same responsibilities of parents, but with the possibility of obtaining rights of a similar nature. That is, they already have the right to change the child’s last name and first name.

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Guardianship may be established in the following cases:

• when a child has lost a parent (in case of death);
• upon deprivation of parental rights or restrictions;
• when previous guardians are declared incompetent;
• when evading their responsibilities regarding raising a child;
• if it is impossible to fulfill obligations in the event of serious illness or imprisonment;
• when using violence against a child.

In accordance with Federal Law No. 48 “On the establishment of guardianship and trusteeship,” as a general rule, guardianship is carried out at the place of registration of the child. This allows the responsible authorities to find out the reason for the lack of parental care.

In the absence of proper care, the child must be placed under guardianship no later than 30 days after the manifestation. Child custody can also be entrusted to a person who lives in another country.

A citizen who has taken upon himself the responsibility of providing and supervising a child receives a guardian’s certificate. This allows him to exercise his rights to receive monetary compensation.

A government agency opens a case against the guardian and ward. Twice a year, the guardianship and trusteeship authorities visit the ward at the place of residence and analyze the premises. The guardian also undertakes to receive funds into the minor’s account and spend them on the child’s needs. Obliges to submit annual reports on expenses to the government agency.

When a child reaches the age of 14, the form of social protection becomes guardianship. This is done automatically.

At the same time, guardianship or guardianship does not mean that parents abandoned their children and do not care about them at all. It is possible to conclude an additional agreement to receive alimony or to participate in their upbringing.

A mandatory condition for guardianship is the written permission of the parents and the consent of the ward.

Requirements

In accordance with Federal Law No. 48 “On Guardianship and Trusteeship,” each trustee is required to meet all requirements and conditions. Guardianship can be initiated by an adult citizen who has full legal capacity and can provide for the child.

When registering, guardianship authorities always give preference to relatives. If there are none, then the baby is handed over to third parties.

The moral qualities and attachment of the child to the guardian are of great importance. You can become a trustee:

• a relative of a minor or a third party;
• does not have alcohol or other addiction;
• without mental disabilities;
• has an income that allows him to provide the child with everything necessary;
• he must not have a criminal record and be deprived of parental rights;
• age limit – 18–60 years;
• fully capable person.

The child's opinion is also taken into account when establishing a guardian.

Refusal of guardianship is also possible for relatives who do not meet age restrictions or have disabilities.

Rights and obligations

The rights and obligations of the parties are an important issue for many future guardians.

The guardian is obliged to provide the ward with a place to live, manage funds in accordance with the interests of the child, provide him with education, medicines and other supplies.

But despite such a large number of responsibilities, there are several limitations:

• in accordance with Article No. 37 of the Civil Code, it is not allowed to make decisions independently that would violate the child’s financial plan;
• it is impossible to spend money on your needs;
• restrictions are also imposed on the property of the ward; it is impossible to rent out or sell real estate without the permission of a government agency.

Up to what age can you obtain guardianship of a child? Every future guardian wants to know up to what age guardianship of a child can be granted.

Guardianship is established until the child reaches the age of 14 years.

Further, guardianship automatically moves into the care stage. There is no need to reapply.

When does guardianship become trusteeship?

Clause 2 Art. 2 FZ-48 explains that guardianship is a form of placement for children aged 14 to 18 years.

From the date of turning 14 years old, a minor citizen acquires a new status - he receives a passport, bears his own responsibility for all his actions, although legally he is not completely independent.

From the moment the warded teenager reaches the age of 14, guardianship becomes trusteeship.

Procedure

To obtain custody of a child, you must familiarize yourself in advance with the necessary package of documents and the procedure for further actions. After all, such a procedure will require a lot of time and effort. And it’s better to take a few days off and fill out the documents correctly, rather than receive a permanent refusal from the guardianship and trusteeship authorities.

Initially, all documents and applications are submitted to the guardianship and trusteeship authorities. There they set a date on which employees of the government agency come and analyze the financial component and place of residence in the future of the ward. If the property meets the requirements, an inspection report is drawn up.

Within 10 days, the commission on juvenile affairs makes a decision on whether to satisfy the requirements. In this case, the original documents are sent to the sender.

If the guardian has a potential ward, then documents for him are brought and guardianship is formalized. If there is none, then within two years he can apply to the federal database where he can find a ward, based on his requirements.

What is temporary child custody? See here.

Documentation

Any action of such a plan is accompanied by the submission of an application accompanied by the necessary documents.

To register guardianship, you must attach the following documents:

• identification document and its copy;
• marriage certificate and birth certificate of own children;
• individual taxpayer number;
• documents confirming ownership of real estate;
• copy of personal accounts;
• certificate 2-NDFL and a copy of the work book;
• consent of all family members to establish guardianship;
• characteristics from the place of work;
• medical certificates confirming the health of the guardian;
• autobiography;
• certificate of no criminal record.

The following package of documents is provided for the child:

• birth certificate and its copy;
• a court decision upon deprivation of parental rights of parents or upon recognition as incompetent;
• a copy of the death certificate;
• certificate confirming the parents' disability;
• consent to guardianship;
• documents on the baby's registration;
• written consent of the child;
• medical documents for the baby confirming his diagnosis, if available.

Statement

The application is handwritten by the trustee himself.

The application must contain information about your full name, registration and passport details. The period for which guardianship and the possibility of maintenance are taken are also indicated. The date and signature are affixed. Additional information is attached to the document.

A sample child custody application is here.

How to become a guardian or trustee of a child

Candidates are trained in groups, the number of participants of which should not exceed 15 people. The preparation period can be individual, but according to paragraph 11 of order No. 334, it should not exceed 180 days and last less than 5 days. The form of training can also be any, both full-time and part-time, and even distance learning. After completing the training course, the candidate who has completed it is issued a certificate confirming the training no later than 3 days from the date of completion.

1. Passport;
2. Application to the guardianship authorities for appointment as a trustee or guardian;
3. Salary certificate indicating place of work and position held (for the last calendar year);
4. A document certifying ownership of housing or the right to use it (an extract from the house register will also do);
5. Certificate from the police confirming no criminal record or criminal prosecution;
6. Medical report in form No. 164у-96 based on the results of the examination;
7. A copy of the marriage certificate (if available);
8. Certificate of family composition;
9. Consent of adult family members (in writing);
10. Consent of children over ten years of age;
11. A copy of a document confirming the completion of special training for persons wishing to become guardians;
12. Autobiography;
13. Certificate from the Pension Fund or a similar body providing pensions;
14. For pensioners - a copy of the pension certificate.

Allowances and benefits

There are also additional payments for the ward:

• up to 7 years of age – 7037 rubles;
• up to 11 years – 8403 rubles;
• 12–18 – 9250 rubles.

There are also additional child benefits:

• for the first child under 3 years old - 571 rubles, from 3 to 18 - 407 rubles;
• for the second child up to 3 years old – 629 rubles, from 3–18 years old – 419 rubles;
• for the third and more up to 3 years – 656 rubles, from 3–18 years – 419 rubles.

In addition, there is also a labor pension for the loss of a breadwinner in the amount of 1805.16 rubles. If you lose two at once – 3610.31 rubles. These are approximate payments and they depend on the length of service and salary of the deceased.

The social pension for the loss of one is 3692.35 rubles, and for the loss of two – 7384.72 rubles.

What benefits are available to guardians of children?

• 1 Legal features of guardianship
• 2 Grounds for registration of guardianship
• 3 What documents are required to register guardianship
• 4 Legal relations between the trustee and the ward

Legal features of guardianship Upon reaching the age of 14, the child partially acquires certain new rights and responsibilities. Guardianship is intended to facilitate their full implementation. So, for example, from this age a child can carry out transactions with banking and credit institutions and acquire rights to the products of his intellectual activity.

The implementation of more complex civil transactions can only be carried out by them with the participation of trustees. Guardians also act as legal representatives of children in administrative and criminal legal relations.

When does it stop?

Many citizens who have taken on the responsibility of raising a child want to know how long guardianship can last. Guardianship is established for children under 14 years of age.

Once the child reaches age, the guardianship moves to the guardianship stage until the age of majority or 23 years.

Guardianship terminates at the end of the period specified in the agreement. It also terminates when parents apply to the guardianship and trusteeship authorities to terminate the procedure.

In accordance with Article 29 of Federal Law No. 48 of April 24, 2008 “On Guardianship and Trusteeship”, the grounds for termination are:

• death of a ward or guardian;
• expiration;
• release or removal of a guardian from fulfilling obligations;
• in other cases provided for in Article 40 of the Civil Code of the Russian Federation.

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The guardian can also be released from performing duties on his own initiative.

It is also possible for the guardianship authority itself to remove it if there are conflicts between the interests of the parties.

What benefits does guardianship of an 80-year-old senior provide? Information here.

What are the conditions for child custody? Details in this article.

Removal may be due to improper performance of duties, waste of the ward's funds for his own needs.

Each guardian receives the opportunity to obtain benefits from the state. For example, at will, a person has the right to work less than full time or get an additional day off. But at the same time, the employer will pay only for actual working hours.

If the ward is under the age of five, the guardian has the right to refuse to go to work on night shifts, on holidays and weekends.

If the ward is under 3 years old, then the guardian can go on maternity leave and receive payment for it. In addition, there is the possibility of receiving an additional two weeks of leave. For a child under guardianship, it is possible to receive a 50% discount on meals at school.

What benefits are available to guardians in 2020?

The benefit must be applied for within six months after the establishment of guardianship. If this is not done, then you will lose the right to receive a lump sum benefit. After submitting all documents, all due funds will be credited within 10 days.

If the child is disabled, then you can apply for a 50% discount on utility bills, count on free travel to a medical facility, public housing, or receive a plot of land to build your own home, and much more.

Video about child custody

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Changes in the law

In 2020, a bill is being considered that provides for the establishment of a number of restrictions. One of them is the establishment of an age limit for candidates for guardianship. It is intended to limit surrogate parents to 65 years of age.

Such measures will help eliminate the obligation of the guardianship department to transfer small children, including newborns, to the families of great-grandmothers. Department specialists cannot limit the rights of blood relatives to have priority custody.

However, this situation often leads to negative consequences. As children grow up, they usually get out of control. Elderly people cannot establish contact and return their children to the orphanage. The result of rejection of a family arrangement is psychological trauma for the child.

In addition, other negative consequences arise. Due to old age, a citizen does not always have sufficient pedagogical potential. Therefore, usually the ward has an extremely low level of education.

Limiting the age level for candidates could help solve this problem and reduce the number of returns from relatives.

In 2020, the law does not establish a maximum age criterion for candidates for guardianship. Therefore, when receiving a refusal to issue an opinion on the basis of old age, it is necessary to protect your rights. You can contact the site's lawyers for legal advice. The site’s specialists will provide you with legal support, just leave your question and contact information in the contact form.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Who can be the guardian of a minor child?

The issue of guardianship is often too difficult to resolve, because many people do not know the basic requirements for potential guardians .

In addition to all the difficulties that arise during the registration of such a procedure, potential guardians will have to prove their financial and moral solvency in order to become the official representative of the child.

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Who can become a guardian

Guardianship requires the candidate to have certain skills and qualities that he must possess in order to carry out the educational process, successfully supervise activities in a kindergarten, school, secondary or higher vocational educational institution, and also ensure the protection of the life and health of the child. The legislation provides for requirements for a citizen who has decided to take a boy or girl into his family.

Requirements for a guardian

To resolve life issues and difficult situations on the way to the development of children with the status of orphans and those left without care, it is necessary to meet the list of requirements for the candidate:

living conditions that meet sanitary and living standards; absence of socially significant diseases (usually they prevent communication with a minor, therefore it is important that the candidate’s health status does not have any deviations); absence of criminal records, offenses for which were directed against the life or health of other people; there is a residential premises for permanent residence (documents confirming ownership are provided); monthly income sufficient for the process of education and maintenance (according to a certificate from the place of earnings); completing training courses that prepare candidates for the specifics of communicating with children who are left without a father or mother; other family members agree to live together with the child; the potential legal representative is officially employed and has supporting documents, which indicates a stable and reliable financial condition; a positive conclusion from a psychologist, the legal capacity of a citizen.

If there is an outstanding criminal record, which is reflected in the certificate requested by the guardianship authorities, the issuance of a conclusion implying the possibility of raising a minor will be forced to refuse.

Rights and responsibilities of a guardian

After establishing guardianship, a citizen is endowed with obligations to children, as well as rights in ensuring their life path.

The following are considered as obligations:

• disposing of property (real and movable) in the interests of wards, if it is owned, making transactions;
• resolving problems and difficulties in institutions where the ward carries out this or that activity (hospitals, schools, kindergartens, organizations providing extracurricular employment);
• life protection, health improvement (camps, resorts, sanatoriums), moments aimed at nurturing positive personal qualities;
• supply of household and hygiene items, treatment and care;
• selection of conditions for a successful educational process and route;
• laying of spiritual and moral qualities;
• acting in defense of interests and rights in court and pre-trial disputes.

Among the rights are:

• protection of the mental state of the ward, educational process;
• independent choice of methods of communication with the child, his control and interaction on all important issues;
• choosing a kindergarten, school, teaching methods, but taking into account the desires and opinions of the children.

The minor becomes a son or daughter; providing for his needs falls entirely on his legal representatives.

How to obtain guardianship

The procedure for registering guardianship is a specific mechanism for the candidate’s actions that he needs to perform.

The algorithm includes:

• contacting the guardianship institution for a list of documents required to issue an opinion on the possibility of becoming a guardian;
• collection of information according to the issued list;
• submitting it to the guardianship authority for consideration;
• if the citizen meets all the requirements, he is issued a conclusion;
• filling out an application for the transfer of a child (the minor must also express consent to live in the candidate’s family in writing);
• preparation of an order indicating the status of a guardian or trustee;
• issuing it to the applicant, after which he can pick up the ward from the temporary detention center.

If, during the period of guardianship, contradictions arise between the legal representative and the child, government authorities try to save the family and restore their relationship. If the potential is exhausted, the citizen may be released from his duties at his own request or removed at the initiative of the guardianship institution in case of violation of the child’s rights.

Who can obtain guardianship?

The Civil Code of the Russian Federation defines a whole list of requirements for guardians . Such requirements concern not only the social status of a person, but also his moral qualities.

Guardianship authorities always give preference to relatives , so grandparents, aunts and uncles can take responsibility for the child . What are the requirements for the personality of a person wishing to obtain guardianship?

Requirements for a potential child guardian

Thus, not only a family member, but also an outsider can become a guardian if his moral qualities do not raise questions and his financial well-being is at the right level .

If the guardianship authority learns that the child needs a guardian, a suitable candidate must be found within a month .

If this does not happen, then for a while representatives of the guardianship authorities take responsibility for caring for the child .

If, in the process of searching for a person responsible for the child, the child himself is in educational or social institutions, guardianship responsibilities fall on the employees of this place .

Preliminary guardianship

A citizen who has reached the age of 18 and has a permanent place of residence can take a child under preliminary guardianship. This right is enshrined in Art. 12 Federal Law No. 48.

To apply for preliminary guardianship, you must contact the guardianship authorities with a corresponding application and a document confirming the identity of the applicant. Employees of this institution will check the living conditions of the child, their compliance with established standards, as well as the financial capabilities of the guardian to support the minor.

The preliminary guardianship format is used in force majeure situations, when temporary registration of a child in a shelter can significantly aggravate his moral condition.

The conditions of pre-guardianship are as follows:

• the trustee must be a citizen of the Russian Federation and have a permanent place of residence;
• preliminary guardianship can be issued for six months, in exceptional situations it can be extended for another 2 months;
• If, during preliminary guardianship, the citizen responsible for the child has fulfilled all the conditions for permanent guardianship, then he will be able to receive the child for permanent upbringing. Otherwise, the child will be placed in a social institution.

Can a pensioner become a guardian?

When a dark streak comes in the family, and a minor child needs a guardian, it is the grandparents who try to take on such responsibility .

Thus, a pensioner, if his level of health allows, can easily become a responsible representative of the child .

Article 146 of the RF IC determines that guardians of a child can be adults who are fully capable and not deprived of parental rights.

Requirements for a pensioner to obtain guardianship of a child :

1. The level of financial wealth of a pensioner must correspond to that established by the guardianship authorities. Both pensions and pensioner salaries are taken into account as sources of income .
2. A potential guardian, despite his age, must be in excellent health and not have chronic diseases or disabilities (group I disabled people are prohibited by law from becoming representatives of children).
3. The pensioner, just like any other potential representative of the child, should not have a criminal record or be brought to the police .

Despite the widest list of requirements, the flow of pensioners who want to take care of a child (most often a grandchild or great-grandchild) is not decreasing.

Why is guardianship and trusteeship necessary?

In Art. Law No. 48-FZ “On Guardianship and Trusteeship” explains the tasks of guardianship and trusteeship authorities as forms of family organization of the lifestyle of citizens under the age of majority who do not have their legal representatives in the person of their parents nearby.

These tasks include:

• protection of the rights and representation of the interests of children under the age of majority before third parties;
• ensuring a decent standard of living for children;
• taking care of everyday life and health;
• ensuring the proper level of education, as well as physical and spiritual development;
• obtaining education within the compulsory level, etc.

In Art. 10 provides a definition of the circle of persons entitled to be guardians and trustees, while the requirements for these persons are regulated by the Civil Code and the IC of the Russian Federation.

Documents for completing the procedure

The main difficulties when registering guardianship arise precisely with the collection of documents, since the list of required papers is really long.

All requirements for applicants must be documented.

So, the certificates and documents that a potential representative of the baby will need :

• An extract from the house register confirming the availability of housing and its characteristics;
• Certificate from the Department of Internal Affairs , which states that the person has no criminal record;
• Documents from the place of work confirming all sources of income ;
• Medical certificates indicating the normal state of health of the potential guardian;
• Marriage certificates, as well as a copy of the passport ;
• Certificate of completion of special courses for future parents (required if the potential guardian did not have children of his own);
• A well-written personality profile.

If a child in need of guardianship is over 10 years old, the authorities making the relevant decision have the right to require the child’s written consent to complete the procedure.

Sample characteristics from the place of work

By the way, the characteristics of a guardian are the most important document in this whole pile of papers. This report notes the main points of a person’s biography, his level of education, place of work, and degree of preparedness for future responsibilities .

You need to draw up a specification according to the declared sample, which can be easily downloaded here.

also ask your employer or neighbors to write a reference confirming all the words of the potential guardian.

In addition to biographical information, such a paper indicates the person’s age, place of residence and state of health. In a word, from this paper alone you can create a full-fledged portrait of a person .

Recommendations for older caregivers

Since the foster family imitates the biological connection between mom, dad and child, it can be assumed that people over 45-50 years of age rarely become guardians. This is contrary to the laws of nature.

There are some recommendations that are worth listening to if your age is approaching 40-50 years old and you decide to accept a minor member into your family:

• taking care of your health and its complete diagnosis, so as not to leave your baby without proper care and supervision during the most difficult time of growing up;
• if there is a predisposition to serious illnesses and attacks, it is necessary to provide for the possibility of re-registering guardianship and trusteeship to one of the close relatives who are able to physically and financially assist in raising the child;
• ensure that the child is engaged in various types of activities and ensures that he is fully engaged and passionate about discovering his talents (clubs, sections, spending time together in an exciting way);
• provide for the level of financial costs for the period of growth and maturation of the child, as well as own treatment (if necessary) and the ability to provide for the family at this material level;
• provide separate housing for the grown-up offspring;
• assess your physical and psychological capabilities, whether it will be comfortable to communicate with your young offspring and maintain his level of activity;
• evaluate existing prejudices regarding the dirty tricks of small children, scattered things and the frequent misunderstanding of your requirements.

You will have to monitor your health very carefully so as not to leave your little offspring without breadwinners again. So, first you should find out whether this baby is entitled to a pension or benefits that continue after adoption (valid for disabled people, abandoned children or children placed in orphanages).

Dress and behave in accordance with young people in order to level out possible psychological conflicts with your child.

Go through various psychological therapies with your child, play sports together, and get involved in the same activities as him.

Who has the right to take custody of a minor child?

14 days after submitting the application and documents, the guardian receives a response from the guardianship and trusteeship authorities. Representatives of the guardianship authorities may refuse to formalize guardianship. In this case, the reasons for the refusal are explained to the relative in detail. A citizen can appeal a refusal in court.

Registration of guardianship can be initiated by an adult citizen who is fully capable and sufficiently wealthy. When appointing a guardian, state guardianship authorities give preference to the child’s relatives. What matters are the personal moral qualities of the potential patron and the level of emotional attachment of the child to the future guardian.

Difference in terms

To understand the differences between guardianship and trusteeship, you need to understand the meaning of the terms.

Guardianship is a special form of organizing the life of a citizen in need, when care from parents cannot be provided, and independent maintenance and provision is impossible. Guardianship is assigned both to children and to persons declared incompetent by law.

A guardian is a person who is not always related to the ward. If guardianship of relatives is not possible, it is possible to transfer rights to another person who is not part of the child’s close circle.

Guardianship extends its effect until the age of 14. At this age, the child becomes more mature and is able to declare his position, express his opinion, and demand that his own interests be taken into account.

From the age of 14 until adulthood, guardianship is issued. Unlike guardianship, when the question of caring for an incapacitated person arises, guardianship expands its boundaries to persons recognized as having limited legal capacity. In addition to the age of 14-18 years, a similar status can also be obtained for citizens with a confirmed addiction to drugs or alcohol.

The tasks of the trustee include a slightly different spectrum: to protect from negative influence, assistance in the implementation of the plans and rights of the pupil. The trustee is not expected to completely replace the function of representing the interests of the child. Not having the right to represent his pupil, the trustee is given the obligation to promote the implementation of the rights of the ward and provide all possible assistance in this.

Under guardianship, a dependent citizen can work, study, receive benefits, scholarships, etc. When deciding property and other legally important actions, the need for agreement with the trustee remains.

Based on the above, we can draw the following conclusion:

• The guardian carries out comprehensive control over the life and development of the child until the age of 14, performing the functions of a statement of rights, requirements, and interests for the ward.
• The trustee monitors the actions of the pupil at an older age, up to the 18th birthday, with assistance in all legal matters, without acting as a legal representative of the minor.

Age of a child's guardian in Russia

If there is a desire to appoint a person over 60 years of age as a guardian, the guardianship authorities cannot give a categorical answer if the citizen looks good and feels good. In any case, it is necessary to submit an application for consideration to the guardianship authorities, providing all possible data for a positive decision: medical certificates, references from neighbors, or even from work. If a citizen works, then the 2-NDFL certificate will also have a positive impact.

Also, when choosing a candidate, the child’s own opinion will be taken into account. When reaching ten years of age, an opinion is necessarily asked, but the words of younger children can also be taken into account, how attached the child is to the guardian or vice versa, for example, a strong fear of this person.