Author of the article: Lina Smirnova Last modified: January 2020 30686
Persons who become guardians are required to systematically report to the guardianship authorities that monitor their activities. The guardian's report allows them to track how conscientiously the guardian fulfills his duties, whether he wisely spends the funds transferred to the ward for his needs, and whether he uses them for other purposes. In this article, we will look at how to draw up a report correctly, what points should be reflected in it, how often it is prepared, and what requirements apply to the preparation of this document.
Legislative basis
The need for a guardian to prepare reports is determined by legal acts and laws. The main guardianship responsibilities are established by Article 37 of the Civil Code of the Russian Federation, which also clarifies the rules for their implementation and prescribes mandatory reporting to regulatory authorities.
The rules for compiling, deadlines and procedure for submitting the report are established by Federal Law No. 48 of April 24, 2008. This law also establishes the powers of the guardianship body, which controls the activities of the guardian, the procedure for the implementation of his functions, as well as the legal responsibility of the guardian for the improper execution of his powers.
Expert commentary
Kamensky Yuri
Lawyer
The forms of reporting documents and the rules for filling them out, depending on the age of the ward, are determined by Government Decrees No. 927 or No. 423.
What is a Guardian Report and what is its purpose?
Other obligations of the guardian include the need for regular reporting to authorities dealing with issues of guardianship and trusteeship.
A report drawn up by a guardian is a document approved by law in a certain form, providing for the reflection of information about the activities of the guardian for a certain period of time. The purpose of the report is to inform regulatory authorities about the guardianship work done. The main information in the document concerns the expenditure of the ward’s funds and the disposal of his property. If the guardian makes any transactions regarding the property of the ward during the reporting period, this must be reflected in the report. This concerns not only the sale of his property, but also the purchase of new property. Any changes that occurred during the reporting period regarding the property status of the ward, including receipts of all required income, costs for vital household items, payment of bills and services for the ward, must be reflected in this document.
Important! The report includes information relating exclusively to the financial activities of the guardian and excludes information about the fulfillment of non-property duties by him.
The child is under guardianship
Hello, please tell me. My mother died a year ago, I took custody of my brother and sister and receive monthly benefits for them. They called me from the guardianship and said that they needed an annual report, but I didn’t collect the checks, they now demand a receipt from me. And it took me twice as much money in a year. My question is how to write this receipt correctly? I am very afraid
Galina! Previously there were no receipts for food. Do you collect them? Well, no one is forbidding... But there was, is, and probably will be “lawlessness” on the part of teachers. You can look for authority on them higher up, in the education department... In our region, earlier, when it was necessary to collect checks for those expenses for which it was impossible to get checks, or if the checks were lost, and in other cases of lack of checks, it was allowed to write a receipt that “I really spent” so-and-so on such-and-such... Don’t “get hung up” on receipts! And the children’s nutrition is already entrusted to the guardians. What can you buy for 5,000 guardianship benefits?! If you buy food, you won’t have enough for clothes. If you buy clothes, there won’t be enough for medicine...
Contents of the report
The requirements for the content of the report are reflected in Article 25 of Federal Law No. 48, dedicated to guardianship and trusteeship. According to these requirements, the report must contain the following information:
- about the property status of the person under guardianship;
- about the composition of the property that is his property and its location;
- about the expenses incurred from the funds in the ward’s account and purchases made with these funds;
- on the acquisition or alienation of the property of a ward.
In this case, it is necessary to take into account the specifics of drawing up a report of a guardian over a minor child from the specifics of drawing up a document on the financial activities of a guardian over an aged ward. The forms for filling them out are different. However, there are points in which information must be present in each form:
- the period for which the report is made, indicating the start and end dates of the period;
- data of the report compiler (his full name, registration address, contact phone number), as well as his ward (full name, date of birth);
- the reason that became the basis for the appointment of a guardian, for example, the death of parents, as well as the date of commencement of his powers;
- detailed information about receipts of funds into the ward’s bank account and expenses incurred during this period;
- bank account details for transferring funds to the ward;
- information about the property belonging to the person under guardianship (certificate of ownership of his apartment, make and number of the car, etc.);
- information about the health status of the ward based on a medical report;
- date of the report and signature of the guardian.
The child is under guardianship
Renat! I apologize for the long silence. Yes, Renat, it is for the benefit that we are accountable. We also report on houses, apartments, land, and securities belonging to the child under our care. Well, I'm almost joking. After all, the report contains such lines. In these lines we write: “It does not.” Renat, the report is now simple: you count how much you received this benefit per year, enter it in paragraph 6, line 3 - and that’s it! If the child receives alimony or a pension (type in brackets), then count them and insert them into lines 1 and 2 of paragraph 6. The first page of the report is also easy to fill out: your and the child’s “passport” data. Well, you will also have to enter in paragraph 4.3 the details of the child’s personal bank account (Sberbank or whichever one you have). I also had to write down in paragraph 5: Type of property – cash; Change in composition named after - For 2020 and in the Note - Order No. according to which you were allowed to withdraw this money. In all other lines we write: “Does not have.” A simple piece of paper. Renat, what region do you live in - with such tiny benefits? Well, yes, the benefits are different in different areas.
Requirements for reporting
As already mentioned, there is a special form for preparing a report, which facilitates its preparation and helps to adhere to the rules established by law.
In accordance with the law, the report must meet the following requirements:
- the document must be addressed to the head of the department of the body in which the guardianship agreement was drawn up;
- each expense item indicated in the paragraph of the report devoted to information about expenses incurred during the reporting period must be confirmed by relevant documents: checks, contracts, receipts, etc.;
- Careless filling out of the reporting form and the presence of corrections are not allowed;
- all items must be completed; if information on any item is missing, then you must put a dash or include at least one word “no” to exclude the possibility of an unauthorized person entering incorrect information;
- expenses must be indicated in the format of thousand rubles. (for example, 15, 300 thousand rubles);
- The report preparer must indicate all income of the ward received in the currency of other countries in rubles, converting them at the Central Bank exchange rate on the last day of the reporting period.
The child is under guardianship
Olya, hello! 1) In the report itself (ours, for example), there is no point at all where the amount for food is indicated, that is, it would seem that there is no need to calculate how much is spent on food at home and at school. 2) But some Guardianship Departments (ours, for example. In another city they didn’t demand it from us) require that we write a separate list of where and how much money went, and attach this list to the report. Moreover, there is no need to attach checks and receipts. Perhaps your Guardianship Department will go further and require receipts to be attached - in this case, collect checks and receipts (only store receipts for FOOD are not needed, they have not been required for a long time, only school receipts - and even then, you may not need them). 3) It turns out that in this additional list - if you do not need to attach checks and receipts - you will write the amounts that you get. Therefore, get a notebook and write down where these 14,000 rubles were spent - every month. Then it will be easier for you to write a report. 4) Fourthly, my simple curiosity: is school meals really 4800 per month? We have -2000! Plus 4-5 thousand for food at home - that comes out to 6-7 thousand for food alone.
Valery! I sympathize with you... Oh, and they are weird in the Guardianship Department. What difference does it make - which bank, right? And I can’t answer your question, Valery. I’m also a guardian, and I found out that’s what I’m writing about. And this is the first time I’ve heard about changing banks...
Deadlines for submitting the report and some features of the expense report
Since 2014, it is allowed to attach to the report not original payment documents, but their photocopies. In addition, it is allowed not to include in expenses basic expenses for clothes and shoes, hygiene items and other minor purchases necessary for life, in the case of a child under guardianship, because too thorough a list of all costs will be difficult to account for. The guardian can report for all minor expenses by submitting one receipt.
Important! The guardian is allowed to spend the funds available in the ward's account within the limits of the subsistence level established in the country. All other expenses in excess of this amount must be made with the consent of the guardianship authority, which is drawn up according to the act subsequently attached to the report.
According to the law on guardianship, the report must be submitted by the guardian no later than February 1 of the year following the reporting year. But if the agreement with the guardianship authorities specifies other reporting deadlines, then they are a priority, and the guardian must comply with these deadlines. After the report is submitted and approved by the guardianship authority, it is kept in the file of the ward.
If during the reporting period transactions were made on the ward’s property, for example, his apartment was sold with the permission of the guardianship authority, then it must be excluded from the list of his property, and the report must contain information about where the funds from the sale of real estate were used. If, instead of a sold apartment, a transaction was made to purchase other housing for the ward, then it must be registered and reflected in the report.
The child is under guardianship
Hello!
Last year my sister died, and I took custody of my niece. The niece is an orphan, she was assigned a survivor's pension and funds are also transferred to the savings book from the guardianship authorities. I rarely withdrew those that are transferred to a savings book, but I withdraw my pension every month, so the child is involved in additional classes, clubs, etc. in addition to school. and sometimes it is not possible to receive checks and the entire pension goes to the child. Recently, the guardianship authorities came to draw up a report and my mother, with whom I live in an apartment, told the guardianship that I was allegedly spending the child’s funds on myself. Although this is not true, I didn’t save the receipts that they said I didn’t have to save, but I wrote down almost every expense, not counting vacation trips and food and all sorts of little things for the child. According to calculations, I end up spending more than I withdrew. My mother doesn’t work at all, receives a meager pension and demands money from me and that I do repairs in the apartment, in addition to the fact that I pay housing and communal services and buy food for everyone to take home, on my small salary, I also take care of the child, my mother does not help me , although she lives with me, my older sister helps me with the child more and in many ways. What do i do? It’s clear that I will indicate all the funds that I withdrew and write a receipt for the expenses, but what if they ask for receipts and I don’t have them? and I don’t quite understand what copies of documents need to be attached to the report, I will be preparing it for the first time. I receive my child's pension at the post office. please tell me, help. It seems like the women in our care are adequate and understanding, but I’m writing a report for the first time and I’m terribly afraid, because apart from a trip in the summer, I haven’t spent any larger sums on a child, it’s all about little things, and it totals more than 100 thousand, or even more. I don’t want to save money on food or harm the child’s health, and food in stores is not cheap now. And I want to give my niece all the best, because I have known her since birth and spent a lot of time with her, because she lost her dad at an early age. And I had to help my sister with her upbringing. Thank you for such a wonderful site and your answers. They are very supportive and help you understand what and how to do. Hello, We submit reports 2 times a year. I made new ones and didn’t attach the receipts. I came to the guardianship, and there they told me that I additionally had to fill out the old reports and attach the receipts. I showed them that there was a resolution, but they said, that they don’t know how they will see where I spend the children’s money. Where can I read or see that checks are not attached to the reports. And they will show this to the guardianship. Thank you in advance.
Features of drawing up receipts for expenses
The receipt is drawn up mainly for expenses incurred in connection with the acquisition of basic household items necessary for the life of the ward, as well as in connection with the improvement of his living conditions, for example, carrying out repairs in a residential building or exchanging housing with an additional payment for more comfortable housing.
Expert commentary
Gorchakov Vladimir
Lawyer
A receipt has no legal force unless it is confirmed by the signatures of at least two persons who are witnesses to the expenses indicated in it.
In addition to the signatures of the witnesses, the receipt must contain their passport details, full name and contact telephone number of each witness.
The receipt states:
- purpose of the “Receipt” document;
- information about the recipient: full name and passport details;
- information about the witnesses who signed the receipt;
- information about the amount of money that is the subject of the receipt;
- information about expenses incurred, indicating the cost of each specified item.
Differences in reports for minor children and incompetent citizens
When compiling a report on expenses for adult incapacitated citizens, the guardian will have to devote more time than in the case of reporting on expenses for a child, because According to the requirements for filling it out, in this case, information on costs should be more detailed.
Features of drawing up a reporting document are the following requirements:
- information on receipts of funds to the account of the ward must be indicated broken down by month, and not as a whole for the reporting year;
- the report must indicate all expenses incurred, including expenses for durable goods, medicines, utility bills, etc.
The form for the report of a guardian over an incapacitated citizen is presented in Government Decree No. 927 of 2010.
Country of Soviets
Form of the guardian's annual report on the storage, use and management of the property of an adult incapacitated citizen. The legislation of the Russian Federation prohibits guardians and trustees from entering into agreements with incapacitated citizens. Guardian's report on the storage, use of the property of an adult incapacitated citizen and management of this property. Form of the guardian's report on. B on declaring a citizen incompetent or about. Appendix 1 Form of the guardian's report on the storage, use of the property of an adult incapacitated citizen and the management of this property. The report form was approved by the Decree of the Government of the Russian Federation dated November 17, 2010. In the form of a report from the guardian of the trustee on the storage, use of the property of an adult incapacitated citizen who is not fully capable, etc. Guardianship also recognizes the form of placement of citizens recognized by the court as incompetent, with. Here a Czech intervened, who, smiling through his mustache, listened to the report form of the guardian of an adult incompetent form 2014 this conversation The truth is we are with. Guardianship and guardianship of adult incompetent or partially incompetent citizens have been approved. GUARDIANGE OVER INCOMPATIBLE CITIZENS FORM OF REPORT of the guardian or trustee on storage and use. In the form in accordance with Appendix No. 1 to these Rules. Any citizen who has taken a child as a ward is required to periodically draw up a report. Suffering from chronic forms of alcoholism or drug addiction. In the report of the guardian or trustee. Conclusion on the possibility of being a guardian of an adult incompetent citizen. FORM OF THE GUARDIAN'S REPORT ON THE STORAGE AND USE OF THE PROPERTY OF AN ADULT. According to the form approved by order of the Ministry. The form of the guardian's report on the storage, use of the property of an adult incapacitated citizen and the management of this property has also been changed. Form of a guardian's report on the storage, use of the property of an adult incapacitated citizen and the management of this property. Incapacitated citizen 20 signature I APPROVED APPROVED by Decree of the Government of the Russian Federation dated 17. Section 6 Information on payment of property taxes of an adult incapacitated citizen Guardian report forms are filled out if there is property.
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Guardian's responsibility
The guardian is obliged not only to promptly report on all financial transactions regarding the property of the person whom he guards, but also to bear responsibility for his property. If it is damaged, becomes unusable due to lack of timely care, or is sold illegally, the guardian will be liable to the state, and may be removed from guardianship duties. Usually he is involved in paying compensation for damage caused to the property of the ward.
Important! They can also be punished by removal from guardianship duties if the guardian regularly violates the deadlines for submitting the report and does not comply with the requirements for its preparation.
