How to obtain consent for guardianship from relatives: nuances of obtaining and sample completion

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In the procedure for registering guardianship, perhaps nothing raises as many questions and difficulties as the preparation of documents. But there is no other way to collect all the important information about a person who intends to become a guardian and make sure that he is suitable for this role.

In this article we will look at how to correctly draw up a statement of intent to become a guardian or trustee, depending on who is being guarded: over a child, over an elderly or sick person, deprived or limited in legal capacity.

How to correctly write an application to the guardianship and trusteeship authorities?

The application is written by hand, on a special form issued by the guardianship authorities.

There are several rules to follow when drawing up an application:

• Only the truth must be written in the document, all information and facts must be real;
• with corrections, blots, crossing outs, or inscriptions in another language, the document will not be accepted, it will be considered invalid;
• Abbreviations are not allowed when writing names or titles.

If, when drawing up an application, the sequence of some dates or events is indicated, it is advisable to present them in chronological order, that is, describe or list the dates sequentially - what happened earlier and what happened later. This is done to ensure that employees of the board of trustees do not have questions or confusion.

The facts specified in the application must be documented. To make it more clear, we can give the following example: if the document says that the trustee has a three-room apartment, you need to provide an extract from the house register or a certificate of home ownership.

Content

The application for guardianship has a standard form and consists of three parts:

1. a cap;
2. information and petition;
3. final.

At the top, on the right side, is written the name of the organization, that is, the guardianship authorities, as well as the last name, first name, patronymic, and passport details of the person who is going to become a guardian. In the information and petition part, the candidate asks to be allowed guardianship, after which he indicates in detail all the basic information about himself and his family - place of residence and conditions (including information about the total area), salaries, etc.

Here it is necessary to note the reason why this person requires guardianship - for example, on the basis of a court decision on deprivation of parental rights or on recognition as incompetent. Also here the guardian provides additional information about himself - experience working with children, training courses, seminars, positive characteristics.

It is very important that all family members agree that the person under their care will live with them. The application has a special column where they must sign. The final part contains a list of documents that the trustee undertakes to provide to the guardianship authorities. At the end of the document there is a date of preparation and a signature.

Expert opinion

Irina Vasilyeva

Civil law expert

Guardianship is issued to people who are unable to provide for themselves. These could be minor children, incompetent people with disabilities, or the elderly.

Basic information for potential guardians

A person needs outside help due to various factors - minority or old age, disability, mental disorders. If there are provided grounds, guardianship or trusteeship is established over the subject. The first form of care involves full representation and the implementation of legally significant actions on behalf of the ward. This supervision applies:

• for minors - persons under 14 years of age;
• incompetent - citizens who are unable to understand the meaning of their own actions and manage them. Incapacity is established in accordance with Art. 29 of the Civil Code of the Russian Federation by court decision.

Guardianship consists of facilitating the implementation by wards of their rights and obligations, protecting them from negative influence from third parties and coordinating the commission of significant actions. Trustees are needed:

• minors from 14 to 18 years of age left without parental care;
• partially capable - limited legal capacity by the court in accordance with the application of Art. 30 GK.

Important! According to Art. 8 of Law No. 48-FZ of April 24, 2008, the establishment of guardianship and trusteeship falls within the powers of the OP bodies. However, in some cases, the appointment of a guardian is preceded by a judicial consideration of an application to recognize the person as partially or completely incompetent.

Sample application for establishing guardianship of a minor

To the guardianship authorities_______________________________________________

From________________________________ (full full name)

residing at the address: _____________________________________

Passport__________________ (series, number, by whom and when issued)

Application for child custody

I, __________________________________________________________________________ (full full name) ________year of birth, ask you to give me an opinion on the possibility of being a guardian___________________ ________________________________________________________________________________ (full name of the child).

My financial situation, living conditions and health allow me to take custody of the child. He was not deprived of parental rights by court, nor was he removed from the duties of a guardian.

I am working_____________________________________________________________________________________

Next, you need to describe the place of work: is it permanent or temporary, is it located in production, in the office or somewhere else, the working hours, how far from home is it located, are there long business trips. If the applicant already receives a pension, it is necessary to note the type of pension provision and what benefits are available. If the applicant is temporarily unemployed, the reasons for this and the source of existence must be indicated.

Spouse________________________________________________________________________________ (full full name) works_______________________________________________________________________________________

I live in __________________________________________________________________________________________

It is necessary to briefly describe the housing: permanent or temporary, separate or communal; amount of common and living space, how many rooms; who owns it - it can be departmental, municipal, privatized or private property.

They live with me:_______________________________________________________________________________

It is necessary to indicate all the people living with the applicant and how they are related to each other. It is separately specified whether among them are minors, pensioners, incompetents, disabled people, or people deprived of parental rights.

About myself I can add the following_________________________________________________________________

Here the applicant has the right to write everything that can help him convince the guardianship authorities that he will be a good guardian - experience working with children, basic and additional education, awards and regalia, support from relatives, etc.

Date______________________________(applicant’s signature)_____________________________________________

The spouse and other family members living together (if any) do not object to the child being taken into custody.

Date of___________________________________

______________________________________________________________________________ (full name of spouse)

__________________________________________________________ (signatures of spouse, other family members)

What persons are guardians established over?

Categories of persons who, according to the law, need guardianship:

• children . A child under 14 years of age needs a guardian. After this age, we will talk about guardianship. A child under guardianship retains his last name, first name and patronymic. The guardian has all the rights of a parent to raise, support and educate;
• disabled people Persons who have received various injuries, after which they have received various degrees of disability, and are unable to care for themselves, have the right to a guardian;
• people with mental disorders . First, a special commission, and subsequently the court, documents that the citizen is legally incompetent (he loses the ability to make decisions independently and take care of himself). The guardian takes full care of him;
• persons addicted to drugs or alcohol . In cases where the dependence is great enough and a person can no longer control himself, then in court it is possible to recognize him as partially incompetent.

A guardian and trustee for a minor are appointed by the guardianship authority operating under the local administration at the place of registration of the child or candidate for guardianship. They also closely monitor the performance of the duties of guardians and supervise transactions carried out with the real estate of persons under their guardianship.

List of required documents

The following documents are attached to the application:

1. a copy of the marriage certificate (if the marriage is registered);
2. a certificate from the place of employment, which should indicate the position and salary; copy of income for private entrepreneurs; for pensioners - a certificate of pension amount;
3. a copy of the financial personal account;
4. an extract from the house register or documents on home ownership;
5. certificate of passing a medical commission.

Guardianship procedure

The entire process of obtaining guardianship is complex and lengthy.
You will need an impressive package of documents and an application for guardianship. It will also be necessary to meet a large number of conditions for a positive conclusion by the guardianship authorities. Required package of documents for an applicant for guardianship:

• application for guardianship;
• documents that confirm financial well-being (certificate of income, position held);
• an extract from the house report or a document confirming the property right to real estate;
• certificate of good conduct;
• characteristics from the place of work;
• medical report on health status;
• copies of all personal documents of the applicant;
• detailed autobiography;
• consent of the applicant's family members to provide guardianship;
• conclusion of the SES on the survey of housing conditions.

In addition to the above documents, you must also provide the necessary documents for the minor: a birth certificate, in the absence of parents or guardianship, these are confirming documents, the consent of the child (if he is over 10 years old), a medical certificate about the child’s condition.

After the entire set of documents has been collected, the applicant, along with it and the application for guardianship, applies to the local guardianship authority.

Specialists check the submitted documents within 7 days and, at a special commission, within two weeks, make a decision to refuse or satisfy the request for guardianship.

The guardianship permit is valid for 2 years.

In case of refusal, the applicant can challenge the decision in court. It is possible to cancel a guardianship agreement only by the guardianship authorities (if there have been violations on the part of the parents) and the executors themselves. To do this, a lawsuit is filed in court explaining the reasons for such actions.

Features of establishing temporary (preliminary) guardianship of children

Temporary guardianship differs from regular guardianship in that it is issued for a specific period and is associated with special circumstances that have arisen in the child’s life.

Preliminary guardianship is issued in the following cases:

• on the initiative and with the voluntary consent of parents;
• when parental rights are limited or deprived of the mother and father;
• after the unexpected death of his parents.

Temporary custody at the initiative of parents is permissible under the following circumstances:

• if they leave for a long time to another country to work, study or care for a sick relative;
• when working on a rotational basis and regularly being away from home;
• if a parent in a single-parent family is hospitalized for a long time.

Compulsory temporary guardianship is necessary when parents are limited in their rights if one of the parents in an incomplete family ends up in prison. When parents die unexpectedly, the child is considered an orphan.

After receiving information about such a case to the guardianship authorities, they must resolve the issue of the child’s place of stay within three days. Preference is given to searching for possible guardians among close relatives.

Guardians can be: one of the parents, if the father and mother were divorced; distant relatives; family friends if they have expressed such a desire. A child is sent to an orphanage as a last resort if it is not possible to find guardians.

The procedure for temporary guardianship follows a simplified procedure and takes from three days to a week. The act of preliminary guardianship must indicate the duration of the guardianship. If this is done at the request of the parents, then the deadlines are determined by them themselves.

The guardianship and trusteeship authorities monitor the actions of the guardian at all times.

How to submit documents for guardianship through State Services

In 2020, an application from a citizen who has expressed a desire to become a guardian can be submitted in the following ways:

• online;
• personally;
• by mail.

To apply through State Services, you will need to log in to the electronic portal. The application is completed electronically. Documents are attached in scanned form.

Important! Through State Services you can only submit an expression of will. To obtain the order, you must appear in person at the guardianship department.

Original documents must be presented when conducting a residential inspection. The result of the examination is documented in the form of a report. If the applicant does not submit original documents, then his application will not be considered.

Consideration of the application

The application is considered from 10 to 30 days from the date of its submission. During this time, guardianship officials visit the applicant at his home to check the conditions in which the ward will live.

Then, if no errors or violations are identified in the application and the attached package of documents, the applicant receives consent to guardianship or refusal. Moreover, the refusal must be justified; the person must know why he was not allowed to obtain guardianship.

If the applicant disagrees with the actions of the guardianship authorities and believes that his rights have been violated, he can write a complaint to higher authorities or file a statement of claim with the prosecutor's office to challenge the decision of the guardianship council.

Submitting an application for guardianship to the guardianship authorities ends the preparatory stage. Then the actual procedure for obtaining guardianship begins. A citizen who decides to take such a step must understand well the full extent of responsibility for a child, disabled person or elderly person that he assumes.

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