Can a guardian dispose of the property of a child under guardianship or an incompetent person?

This article will raise the property issue directly related to guardianship. Every year the number of persons under guardianship is decreasing, which of course is encouraging. So in 2008 there were 89,820 people under guardianship, and by 2020 the number had decreased to 12,810. I would like to note that this is very serious progress, as for example, in the CIS countries, unfortunately, this number is only increasing on a large scale.

A guardian is a citizen who has received consent from the relevant authorities to guard an incapacitated person. The Civil Code of the Russian Federation (Articles 31-40) and the Federal Law of the Russian Federation “On Guardianship and Trusteeship” regulate the rights of the ward and guardian. Judges rely on this law when deciding various issues related to guardianship.

Does a guardian have the right to use the child’s property?

Guardianship responsibilities can be performed not only by relatives, but also by strangers. They are endowed with certain responsibilities and rights in relation to minor children and incapacitated citizens.

However, a child who has not yet turned eighteen years of age can personally own his own property. He has the right to receive it at one age or another, even while under guardianship.

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It is for this reason that the rights and capabilities of guardians in relation to the property of their wards provoke a huge number of all kinds of disputes. Almost every person is interested in whether he has the legal right to use the property of the person under his guardianship and dispose of it at his own discretion.

The issues under consideration are regulated by Article 37 of the Civil Code of the Russian Federation “Disposition of the property of the ward.” At the same time, the rights of a guardian to living space have many nuances. As you know, an apartment or house needs to be looked after, but a minor child is not able to provide this. These duties must be performed by guardians.

From the provisions of the law, several conclusions regarding the regime for using the property of the ward follow:

1. The guardianship authority monitors compliance with the rights of a minor child. The development of the relationship between the new family and the adopted child is closely monitored. This government agency monitors all issues related to the property of a child who is not yet eighteen years old;
2. According to current legislation, guardians do not have the right to personally dispose of the child’s assets. If the trustee is going to make any transaction, then he must coordinate his actions with the relevant authorities. Otherwise, it will be considered illegal and subsequently cancelled;
3. renting out real estate belonging to a child or transferring it for free use is allowed only after obtaining permission from the guardianship authority;
4. The duties of guardians also include taking care of the savings of their wards;
5. The current legislation pays special attention to the issue of living space of the ward. This concerns whether the guardian has the right to sell the apartment or house of a child who is not yet eighteen years old. Any transactions of gift or sale are excluded, and the permission of the guardianship authorities does not matter here. It is not yet allowed to exchange the premises for a smaller one;
6. If there is a need for a certain amount of money belonging to the ward, then you must first obtain the consent of the guardianship authorities. Expenses must be justified by the needs of the minor.

How does the process of inheritance by a guardian work?

The ward himself, declared incompetent, will not be able to leave a will or otherwise dispose of his property. Any transaction that leads to a decrease in the size of the ward’s property will be considered illegal and declared void. After the death of the owner of real estate and material assets, the guardian cannot count on receiving an inheritance.

After the death of a citizen, his presumed heirs contact a notary office. Upon their application, a probate case is opened, which is considered for six months. Inheritance can occur by law or by will if it is left before incapacity is established. For this period, the notary determines the trustee of the testator's property. Most often, the former guardian is entrusted with managing the inheritance before the applicants assume rights.

Can a guardian dispose of the property of the ward?

Article 37 of the Civil Code of the Russian Federation regulates the rights and obligations of trustees and the rights of wards. According to this document, the guardian does not have the right to dispose of the minor’s home or assets.

Income of the ward

A person can dispose of the income of his ward, including those that are due to him from the management of his property. The only exceptions are those means that the incapacitated person has the right to use independently in his own interests and with the consent of the relevant government agencies.

Transactions with the property of the ward

A guardian, trustee, and close relatives do not have the legal right to enter into various transactions with the ward . The only exception is the transfer of property to a ward in the form of a gift.

It is not yet allowed to represent the interests of the ward when concluding transactions and conducting various legal cases between the incapacitated and the legal husband (wife) of the guardian.

The guardian must act as a representative on behalf of the child under eighteen years of age in all transactions. A power of attorney certified by a notary is not needed in this case. Only a certificate of guardianship and recognition of this status is sufficient.

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According to current legislation, there is a ban on all transactions concluded between trustees and incapacitated citizens. These restrictions have been established in order to prevent the abuse of their rights.

Trust property management

The manager is obliged to take appropriate measures to preserve the property transferred to the guardian (we are talking not only about movable, but also about immovable property). He should not allow the value of his ward’s apartment or house to decrease and influence the receipt of income in his favor from specific transactions.

Appointment of guardianship

Guardianship is a form of arrangement for minor children and adults, but incompetent persons, to protect their legal rights and interests. It implies that an individual in need of temporary or permanent protection is placed under the official supervision of a person who can be responsible not only for himself, but also take additional care of another. Guardianship has two main directions:

1. Over minor children who do not have parents or were removed from the family due to a violation of their rights and interests.
2. Over adult citizens who have mental disorders and have been declared incompetent by a court.

Guardians can be:

1. Close relatives of the ward.
2. Friends, acquaintances or neighbors who have expressed a desire to take responsibility.
3. Strangers.

In all cases, one can become a guardian only if the candidate meets the requirements set by the guardianship department and has appropriate living conditions. After approval of the candidate, the guardianship department draws up an act transferring guardianship powers to the specified person. At the same time, the representative of the incapacitated person receives a number of duties that he must fulfill and rights that allow him to exercise his powers.

Note!

The candidate’s rights, although extensive, have serious restrictions, beyond which it is prohibited by law.

Control by guardianship and trusteeship authorities

The guardian is obliged to take certain measures to protect the rights to property. He must make demands related to the failure of third parties to fulfill their obligations arising in relation to the house or apartment transferred to trust management.

Despite the fact that many trustees are interested in their rights to apartments, houses, cars and the monetary savings of their wards, the interests of the incapacitated are reliably protected by current legislation.

The latter can be sure that their property belongs only to them. Guardians can only temporarily manage the property of the ward. This occurs on the basis of the transfer of the home to trust management.

Movable property

After registration of guardianship, the movable property of the ward is transferred to the custody of the guardian within 3 days (Article 18 of the Federal Law “On Guardianship”). OOP employees will draw up an inventory of the property and indicate whether the guardian can use it independently or must obtain permission from the OOP to do so. The guardian is obliged to preserve the property in full, and also to prevent loss of its value. Article 26 of the Federal Law “On Guardianship” states that the guardian must compensate the cost of the property if it has fallen into disrepair.

Property relations between the guardian (trustee) and the ward

In accordance with Art. 17 of Federal Law 48-FZ regulates property relations between a person acting as a trustee or guardian and his ward. As a general rule, a ward does not have the right to claim the property of his guardian or trustee, just as the latter cannot claim rights to the property of the former, including when inheriting in order of priority.

The warded citizen retains all property rights that would belong to him in the absence of the need for guardianship. For example, if the parents of a ward have limited rights or are deprived of them, he will still inherit their property in the first place. The person exercising guardianship has the right to transfer any property to the ward for free use or donate it.

The ward has the right to use the property of the guardian with the consent of the latter. The latter, in turn, does not have the right to use the property of the former in his own interests. A guardian (trustee) and his ward may be co-owners of any property (including residential real estate). This situation occurs in the cases provided for by law:

• by agreement of the parties (for example, if one of the parties transfers to the other a share of ownership in the apartment);
• if an object has come into their common ownership, the division of which is impossible by law;
• if indivisible property has come into ownership (that is, a thing that cannot be divided without changing its functionality or purpose).

Rights and responsibilities of a guardian

In relation to the ward, the guardian has the following rights:

• independent choice of educational institution for preschool and school education, based on the profile and knowledge of the child under care;
• freedom to choose an education system, but without punishments that can lead to physical and mental injuries;
• cannot prohibit his ward from communicating with relatives, if the latter has any.

If the court decides to remove the ward from his guardian, the latter has the right to demand return in court.

In addition to rights, persons caring for incapacitated persons also have responsibilities. These include:

• maintaining the normal health and mental state of the incapacitated person. This does not mean that if a child gets sick, he will be taken away from his guardian;
• protecting the rights of your ward;
• mandatory notification to the guardianship and trusteeship authorities if the ward changes his place of residence for a long time.

Control over the fulfillment of duties is within the scope of powers of the guardianship and trusteeship authorities.

Legal basis

The main legal act regulating the scope of guardianship is the Family Code. It contains provisions on its use and purpose. Separate rules on social care are established in administrative and civil law, as well as in the federal law “On Guardianship and Trusteeship”. They regulate special rules for appointing a guardian. Only a citizen who has legal capacity and has reached the age of majority can obtain such status. In addition, he must:

1. Be sane (without mental deviations).
2. Have a sufficient level of income to allow him to support the person under his care.
3. Take special courses. The exception is the child's relatives. In their case, there is no need for training.
4. Collect the necessary package of documents and prepare an apartment for sharing with the child.

In rare cases, the guardian lives in the ward's residential area.

When are the guardian's claims to the ward's living space justified?

In accordance with the law, the guardian must live together with the ward (with the exception of a number of specified cases). Housing can be owned by any of them, but in most cases the place of residence is determined in the apartment or house of the guardian (trustee). The latter does not have ownership rights and cannot dispose of the living space of the ward, including the right to:

1. worsen living conditions or damage property;
2. encumber real estate with collateral;
3. manage the residential property of the ward and make any transactions with his apartment or house.

The guardian may apply for free use of the ward's housing. To do this, you will need to obtain the consent of the ward and (or) coordinate the issue with the guardianship and trusteeship authorities. In this case, the apartment does not become the property of the guardian; he can only live in it as long as there is a need, or until the end of the period of guardianship (trusteeship).

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These do not include the receipt of benefits and other payments related to the ward in the implementation of guardianship - such benefits are to be used exclusively in the interests of the ward. The authorized bodies, by virtue of their powers, exercise control over the targeted expenditure of the amounts received. The paid nature of the legal relationship is possible when guardianship is provided by a foster family.

Care is associated with ensuring the vital needs of the ward, including his treatment, which consists, firstly, in the use of various types of assistance from medical institutions in case of illness and for preventive purposes, and secondly, in the implementation of the doctor’s recommendations.

Does the guardian have the right to use and dispose of the ward’s property?

The current legislation of the Russian Federation carefully regulates issues of guardianship and trusteeship . This protects the rights of the most vulnerable citizens - the disabled and minors.

But quite often, many people who provide guardianship have questions about what his rights are, whether the guardian can dispose of the property of the ward. And also whether he will have rights to inheritance in the event of the death of the ward.

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Since the duties of guardianship and trusteeship can be performed not only by close relatives, but also by complete strangers.

Guardians are endowed with certain rights and responsibilities in relation to children under guardianship or incapacitated children. But a child can own his own property or receive it at the appropriate age while under guardianship.

This is why the rights and opportunities of guardians in relation to the property of their wards cause so much controversy.

Description of requirements for guardians

They are established by the relevant Federal Law:

• Age. 16 years is the minimum difference in the indicator between the participants in the relationship. Exceptions are for close family relationships.
• Health. Guardianship is not available to persons who have developed serious illnesses, including HIV, tuberculosis, AIDS, and so on.
• Characteristics from current and recent jobs. They are interested in different qualities - personal, professional.

The presence of living space or other property is mandatory if we are talking about a minor living with a guardian. It is important to comply with social norms regarding living space.

One person assumes at least 18 square meters, but the numbers may vary somewhat depending on the region. It is impossible to do without confirmation that the salary is enough to implement such a scheme. For one working family member you need at least 1 living wage.

Who are guardians

According to the law, a guardian is a representative of an incapacitated person who exercises full guardianship and protects his interests.

Wards can be minor children or completely incompetent people.

The role of a guardian can be performed by both relatives and strangers. At the same time, they must be fully capable, of adulthood, and not have financial or mental problems.

Types of guardianship:

1. Full custody . Established regarding incompetent citizens due to mental disorders and children under 14 years of age. This type gives guardians the most complete rights, since their wards cannot make decisions on their own.
2. Patronage . Appointed to the infirm and disabled people who have significant physical limitations and cannot care for themselves. At the same time, the ward has the right to make decisions independently, but is not always able to carry them out. For example, it is quite difficult for such people to sign papers or attend court hearings.

Guardianship is appointed by decision of the guardianship authorities after careful consideration of the applicant's candidacy.

The incompetence of a mentally ill person must be recognized by a court.

Video: What is guardianship and who can become a guardian

What is guardianship and who is a guardian?

The civil legislation of the Russian Federation allows two schemes for guardianship:

1. Full custody.
2. Patronage.

The first case assumes complete control on the part of the guardian.

In this case, in the interests of the incapacitated person, the following actions are performed:

• Control over money.
• Organization of everyday life.
• Quality of life control.

If we are talking about patronage or partial guardianship, assistance is provided in the area that is of greatest interest. Usually this concerns registration, transfer of any documents, interaction with regulatory authorities, and so on.

Main tasks of a guardian

The responsibilities of a guardian include:

• Care and supervision of wards, carrying out necessary medical procedures, treatment. Providing the necessary products and things for existence.
• Physical and mental development of children, provision of school and additional education.
• Careful supervision of an incapacitated ward, in order to protect him from causing harm to himself.
• Representation and protection of the rights and interests of the ward in guardianship authorities, courts, educational and medical institutions.
• Completing the necessary paperwork, drawing up applications and receiving papers.
• Receiving pensions, alimony and other benefits, their use for the needs of the ward.
• Disposal of the ward's property in his own interests. For example, paying taxes, paying utility bills.
• If the condition of the incompetent ward improves, the guardian must write an application to the court to terminate guardianship and recognize the patient as competent.

How to obtain permission from the guardianship authority to deal with the property of the ward?

Obtaining such permission is a rather complicated process.

It is important to prove that the actions are aimed at respecting the interests of the child.

They should not be intended for the benefit of the guardians. All funds received from such transactions must be spent in the interests of the child. And such feasibility needs to be proven.

For example, renting out an apartment will provide funds that can be used to pay off debt on utility bills. Leasing for free use can serve to ensure the safety of property, guarantee its functionality and proper care.

Abuse of rights may be grounds for criminal prosecution. Therefore, it is recommended to coordinate all your actions with the relevant authority.

In each case, this or that transaction is discussed separately. If necessary, the guardianship authority may require the provision of written documents. They are designed to confirm the validity of the transaction and its compliance with the interests of the child.

If the guardianship authority accepts the person’s arguments, then a permit is issued. This is a written document. It must indicate which transaction is permitted.

Representatives of the guardianship authority do not participate in the actual execution of the transaction and its execution.

But the document they issue becomes the basis for the transaction. In this case, guardians act as representatives of the interests of the child, and not on their own behalf.

Disposal of the ward's property

Almost every guardian is interested in whether he has the right to use and dispose of the property of the ward. Because if it is present, the guardian is faced with it in any case.

These issues are regulated by Article 37 of the Civil Code of the Russian Federation “Disposition of the property of a ward.” The rights of a guardian to the living space of an incapacitated person have many nuances.

It is necessary to look after the apartment, but the child cannot do this; lack of experience does not allow him to take care of this on his own. Therefore, only guardians can perform such duties.

Several conclusions regarding the mode of use of property follow from the provisions of the law:

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The main purpose of the law is to keep all of the child's assets intact. The adult life of the ward must begin with the same property.



Before reaching the age of majority, the guardian has the right to dispose of the child’s property on his behalf, buy real estate and various items. However, they must be registered in the name of the ward.

Transactions between guardian and ward

The law prohibits transactions between a guardian and a ward where the guardian is the beneficiary. That is, he cannot buy the apartment of the person under his care. Or, on his behalf, give yourself an object of property of the ward.

Also, transactions cannot be made between the ward and the guardian’s relatives. In this case, relatives include spouses, children, parents, brothers and sisters.

However, transactions in the opposite direction are allowed. For example, a representative may give property as a gift. A prerequisite is that the transaction is free of charge for the ward.

Procedure for preparing a guardian report

The Law “On Guardianship and Trusteeship” obliges the guardian or trustee every year, no later than February 1 of the current year, to submit to the guardianship and trusteeship authorities a report on the storage, use of the ward’s property and on the management of this property, attaching all supporting documents.

This document must contain information about the condition of the property and the place of its storage, the acquisition of property, income and expenses when managing the property of the ward.

Also, the report should indicate the dates of receipt of amounts from the ward’s account and the dates when these amounts were spent on the needs of the ward.

Income – alimony, pensions, benefits

According to Article 37 of the Civil Code of the Russian Federation, after registering guardianship in the name of the ward, a bank account is opened to which all the income of the ward is transferred. The trustee or guardian has the right to spend this money in the interests of the child or adult ward without obtaining permission from the guardianship and trusteeship authority.

But in case of misuse of this money, the guardian has the right to be held accountable.

Possible rights of a guardian to inheritance

Inheritance is possible on two grounds - by will and by law . But you should carefully determine whether the guardian has the right to the inheritance of the ward.

After the death of the ward, the guardian can become an heir under a will . But the will must be drawn up by an adult before he is declared incompetent.

If this document is drawn up by a minor and incompetent, it will be considered invalid. And even the legal representative does not have the right to draw up a will on behalf of the ward.

And the guardian can draw up a will for the ward, as a result of which he will inherit his property.

In the case where there is no will, in 2020 the law provides for 7 lines of legal heirs who are relatives of the deceased.

It is important to take into account that if the guardian is not one of the relatives of the ward and does not belong to one of the seven lines, then by law he cannot claim the inheritance.

The very fact of registration of guardianship does not give any inheritance rights..

It is possible to receive part of the inheritance if the guardian has incurred significant expenses for managing the inherited property. He has the right to reimburse his own funds spent from the property of the deceased. This issue is being dealt with by the guardianship authorities .

Thus, even if a completely single person is under guardianship, after his death the guardian cannot lay claim to the ward’s apartment. If there is no will, all property will become the property of the state or municipality.

Ward's inheritance

The law does not give guardians the right to make a will on behalf of their ward. Thus, inheritance by will in the event of the death of the ward is possible only if he, while still of sound mind, made a will and only then was deprived of legal capacity.

If it is proven that the testator was already showing signs of insanity at the time of writing the will, it may be declared invalid by the court.

The opposite option is the ward inheriting the property of the guardian. He can be recognized as an heir on the following grounds:

1. In law . The ward is a dependent of the substitute parent, thus he inherits his property together with other beneficiaries in equal shares.
2. By will . Any person has the right to include any other person in his will, including his ward. In this case, the ward will inherit from his guardian exactly the property and exactly in the amounts as indicated in the will.
3. As a compulsory heir . In cases where a guardian draws up a will, but does not indicate the ward in it, the PLO must challenge the document. According to the law, the ward has the right to an obligatory share of the inheritance in the event of the death of the guardian. This share is at least half of the share provided by law.

In some cases, guardians or trustees may inherit from their wards. It's possible:

1. In law . If the guardian is a relative of the ward - in order of priority.
2. By will . In the event that the will was drawn up before the time when the ward lost his legal capacity.

So, you are the guardian of a minor child or an incapacitated adult. If you think that:

• you are undeservedly held accountable for some mythical violations of the law on guardianship;
• representatives of the guardianship and trusteeship authorities are excessively demanding of you;
• The PLO, in your opinion, illegally does not authorize any transaction;
• you have questions about spending funds from your nominal account;
• your rights as a guardian are violated in any other way,

You can seek help or advice from our website specialists.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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The procedure for filing a claim and considering the case is enshrined in the Code of Civil Procedure of the Russian Federation

If the judge makes a decision in favor of guardianship, the consequences of the invalidity of the agreement apply. Thus, the property must be returned to the ward. Losses caused to the parties to the transaction are compensated by the guardian/trustee in full. Both actual damage and lost profits are compensated.

In addition to civil liability, representatives of the ward may also be brought to administrative or criminal liability. Art. 5.35 of the Code of Administrative Offenses of the Russian Federation provides for a fine for improper performance of their duties by parents and other legal representatives of minors. As for criminal liability, for causing property damage to the owner by deception or abuse of trust, they can be prosecuted under Art. 165 of the Criminal Code of the Russian Federation.

The representative of the ward is liable if his actions contain elements of a crime, namely the presence of guilt, the occurrence of harm and the connection between them. To be held accountable, the guardianship must send a statement to the prosecutor's office and law enforcement agencies.

According to Art. 401 of the Civil Code of the Russian Federation, a representative of a ward may be found innocent if he took all measures for the proper performance of his assigned duties.

Guardian's claim for recognition of the right to dispose of maternal (family) capital funds

The guardian also has the right to manage maternity capital. To do this, he must contact the Pension Fund with an application for disposal of funds. However, there are frequent cases of refusal.

This decision can be appealed in the following ways:

• to the higher body of the Pension Fund of the Russian Federation;
• through the court.

Before appealing the decision of the Pension Fund, you should prepare evidence that the refusal is truly unlawful, thereby violating the rights and interests of both the guardian and the ward.

The statement of claim is sent to the court of general jurisdiction at the location of the authority. Submitted in writing, which must be signed personally or by an authorized representative.

The application must indicate:

• court data;
• Full name and details of the plaintiff;
• name of the defendant;
• information about what rights and interests are violated;
• requirements;
• proof;
• response from the Pension Fund of the Russian Federation, in pre-trial settlement of the issue;
• list of attached documents.

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In addition to the above, the claim can immediately state requests, for example, to obtain documents. The application is accompanied by evidence and all documents that contribute to a positive resolution of the case. Before going to court, a state fee is paid.

It is important that the document indicates the purposes for allocating maternity capital as defined by law. Otherwise it will be refused.

If the rules for filing a claim are not followed, or the necessary documents are missing, the judge will return the documents to the plaintiff. Accordingly, the preparation and submission of the application should be taken with due responsibility.

Basic Concepts

Guardianship is a type of social protection provided to care for children left without parental care (under 14 years of age) or adults who, due to physical or mental disabilities, cannot fully care for and provide for themselves. It has a number of features:

1. Not every adult can become a guardian. The legislation identifies a number of restrictions enshrined in Article 146 of the Family Code of the Russian Federation. It is prohibited for socially dangerous, insane, minors and convicted persons to be legal representatives.
2. Adult citizens are subject to guardianship only after being assigned the status of “incompetent” by a court.
3. The guardian represents the legal rights of the ward. He can enter into transactions on his behalf, but is obliged to act in his interests.
4. Once a teenager reaches the age of fourteen, guardianship arises. It involves a limited list of responsibilities. An adult cannot independently make transactions for a ward, but gives permission to conclude them.
5. Guardianship may be established for a limited period of time. As a rule, this happens upon a written statement from the parents.
6. An adult has more responsibilities than rights. Their implementation is carefully monitored by the state.

Establishing guardianship over children is also possible when the parents are alive, in cases where they:

• are forced to work away from home and are unable to pay proper attention to the child;
• often go on long business trips;
• the child is studying in an institution located in another city;
• are unable to perform their duties due to injury, serious illness or other serious reasons.

Legal comment

According to the latest edition of Part 1 of Art. 17 of the Federal Law, wards cannot freely use the property of the persons responsible for them, and vice versa. The rule applies not only to real estate, but also to cash receipts. Income is used exclusively to support the incapacitated citizen and cover property costs. The person performing the guardianship duty is obliged to spend money on food, things and education of the ward. Other expenses are discussed with senior management.

The amendment to the question of the right to use property is given in the second part of Article 17 of the federal law. It talks about property that can be used by both incapacitated persons and guardians. The list of grounds and recommendations can be found in Chapter 16 of the Civil Code.

Part 3 art. 17 of the Federal Law states that wards are allowed to use the property of guardians with their approval. The reverse situation is unacceptable. Persons representing the interests of incapacitated people cannot manage the property of their wards at their own discretion. The list of exceptions is given in Article 16 of the Federal Law:

• Guardianship authorities may grant the right to use the property of the ward at their discretion as a reward for selfless and high-quality performance of duties. Such a privilege is allowed if there is a description in the guardianship agreement of the property that can be used in this way. A subclause specifying the time of ownership of the property must be indicated. If the representative responsible for an incapacitated person ceases to perform his duty efficiently, the PLO will deprive him of his privileges. If serious violations are identified, the process of revocation of guardianship rights begins.
• The guardian is allowed to live in the ward's home. Such a measure is allowed if the person under guardianship is located far from the place of residence of the person responsible for him or there are certain circumstances. The last criterion includes diseases, mental disorders and other factors that require constant monitoring by the guardian.

The law establishes that guardianship imposes on the authorized person not only the right to own (under certain conditions) the property of the ward, but also the duty to protect it. According to Art. 18 Federal Law, the authorized person is obliged to receive an inventory of the ward’s property within 3 days from the date of appointment as a guardian. Subsequently, an agreement is drawn up confirming the possibility of trust management of the transferred property. More on this in Art. 38. GK.

An inventory of the movable and immovable property of the ward will be carried out under the control of the guardianship authorities. During the procedure, the incapacitated person who owns the property, as well as his guardian, must be present. Depending on the situation, the list of persons participating in the process may expand.

Residents of Crimea will have to submit documents to the State Registration Committee. This body is responsible for registering real estate and transactions related to it.

You can first obtain the necessary information from a consultant at one of the State Committee for Register offices.
In other districts of the Russian Federation, similar functions are performed by Rosreestr. The property inventory is made in 2 copies. They are confirmed by the signatures of those present. One copy of the document must be kept by the guardian or trustee, and the second by the guardianship authorities. Despite the rights obtained, the person responsible for the incapacitated citizen does not have the right to take out a loan or dispose of the ward’s real estate. Exceptions are situations where such a decision will benefit the warded citizen.

Transactions on the transfer of property rights of an incapacitated person are permissible after obtaining permission from the PLO, and only in the following cases:

• Alienation under an annuity or exchange agreement, if it is drawn up with a clear benefit for the person under guardianship.
• Renting or selling the ward’s home due to moving to another place.
• Forcible collection of property, for example, collateral, according to the established norms of the law.

Part 5 of Article 18 of the federal law talks in detail about the duties of an authorized person to protect and increase the property of the ward. Guardians and trustees perform their duties at the expense of the funds and property of the person under their care. In turn, guardianship authorities must monitor appointed representatives and their relatives to avoid actions aimed at obtaining personal gain.

What the law says

After the death of parents, the property belonging to them is inherited. First of all, everything goes to the children. If they have not reached 18 years of age, they cannot dispose of their property. The guardianship and trusteeship authorities (TCA) are obliged to find a person for whom they will

assigned guardianship or trusteeship obligations. Similar actions are carried out after a person is declared incompetent due to a mental disorder. However, whether the guardian has the right to dispose of the property of the ward depends on the prevailing circumstances. The main points in the thirty-seventh article of the Civil Code of the Russian Federation are described:

Unforeseen situations are discussed with representatives of the PLO. They will give their comment and advise a decision in favor of the ward. Deliberate manipulations leading to a change in the size of the share of property of an incapacitated citizen or its loss are punishable by law.

Arbitrage practice

Examples from the judicial practice of similar cases will help you understand how lawful the guardian’s actions are in relation to the ward’s property:

To dispose of the ward's property, the guardian must have the approval of the OPP. The management procedure is established by federal laws and articles of the civil code. Any unlawful alienation transactions can be challenged in court, citing Art. 37 GR RF. For such an offense, a representative appointed by the guardianship authorities may be deprived of the right to defend the interests of an incompetent person and forced to compensate for the damage caused by selfish actions.