Power of attorney to receive a pension for a bedridden or incapacitated pensioner: sample, grounds, how and where to issue

Definition

The term in question is described in the provisions of Article 185 of the Civil Code of the Russian Federation. This rule indicates that this is an act that is drawn up using a written form and reflects a special kind of authority to perform specific actions on behalf of a citizen. It is provided that such powers can be transferred to one or more persons. This includes receiving pension payments.

The need to draw up such a document is reflected in the law adopted at the federal level under No. 400 of 2013. These provisions do not only apply to elderly people. The recipient of payments may also be a minor.

A power of attorney is required in the following situations:

when a person has been in a hospital-type hospital for a long period;
no ability to move independently;
the citizen is illiterate and cannot sign the paper himself;
moving to another state.

It is worth noting that this list is not closed. This suggests that other situations may occur in life when the drafting of the act in question will be required.

How to receive a pension for a bedridden pensioner

If a pensioner cannot get out of bed due to illness, who can he trust to receive his pension? And how to arrange this correctly?

Health is a very fragile thing. If a person becomes seriously ill, he becomes practically helpless and requires care from relatives.

And if an illness has confined a person to bed, such care is especially important and should cover literally all areas of life: from cooking, cleaning, hygiene procedures and feeding, to solving various administrative issues and receiving payments.

Especially if such a bedridden patient is a pensioner. Someone should receive his pension. How to properly arrange for such receipt of payments, and who can you trust?

You can receive your pension in different ways

To begin with, let us remember that there are several ways to receive a pension:

to a bank card (MIR only);
to a bank account;
cash at the post office;
cash at home.

Obviously, in the latter case, the pensioner himself can continue payments only if he is not being treated in a hospital. The easiest way is to delegate authority to receive a pension, which is credited to a bank card.

You can simply give it to a trusted person by providing the PIN code. However, banks do not recommend doing this. But, if there is trust in a person, then this is not prohibited. Moreover, this method does not require additional costs, both financial and time.

What to do in other cases?

You need to issue a power of attorney

A pension can be received for a pensioner by proxy. Such a power of attorney can be issued both to close relatives and to strangers from the point of view of the law. Moreover, there are several options for certification of a power of attorney:

notary;
in the medical institution where the pensioner is located.

Yes, a power of attorney can be certified not only by a notary, but also by the head physician of the hospital. This possibility is provided for by Part 4 of Article 185 of the Civil Code of the Russian Federation.

This power of attorney will be valid both for receiving a pension at the post office or at home, and for withdrawing it from the pensioner’s bank account. The main thing is that the document is drawn up on a special form and certified with the seal of the medical institution and the signature of the chief physician.

Forms, as a rule. They are always available in hospitals, and issuing such a power of attorney is absolutely free.

Registration of a notarized power of attorney

When certifying a power of attorney to receive a pension by a notary, the presence of the principal himself, that is, the pensioner, is necessary. If a person does not get out of bed, a notary must be invited to see him. Many notaries provide such services to visit your home or hospital.

The advantage of a notarized power of attorney is that it can include not just receiving a pension, but also representing the interests of the pensioner in various authorities.

If the illness is expected to be long-term, such a power of attorney will still be required, so it is better to issue it immediately in an expanded version.

For registration you will definitely need:

pensioner's passport;
presence of the principal;
passport of the person for whom the power of attorney will be issued;
payment of state fees and notary services.

If a bedridden patient understands everything that is happening and can express his will, but cannot sign the document due to paralysis or other painful conditions of the hands, another person, for example, the attending physician, can sign the document for him.

In this case, the power of attorney must indicate the reason for this, and the relevant medical documents must be presented to the notaries. If the patient does not realize what is happening and cannot express his will, that is, speak, the notary will not be able to certify the power of attorney.

In this case you will need

Recognition of a sick pensioner as incompetent

To represent the interests of an incapacitated person, it is necessary to obtain guardianship over him. And recognition of incapacity (temporary or permanent) and registration of guardianship will occur only through the court. Any relative or guardianship authorities can go to court.

An appropriate medical certificate is required. After the court recognizes the pensioner as incompetent and appoints a guardian, the latter will be able to freely act on behalf of the pensioner, including receiving a pension and managing bank accounts.

If a person recovers, his legal capacity can also be restored in court.

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Source: https://zen.yandex.ru/media/veteran_truda/kak-poluchit-pensiiu-za-lejachego-pensionera-5ba128766933d700ad26ac44

Registration process

There are several methods by which a power of attorney is issued. This is influenced by the state the citizen is in . Including:

formation of the house;
certification from the head of the medical institution.

The sequence of actions depends on which method of action is chosen by the citizen. However, this aspect does not affect what exactly is reflected in the document. These should be:

title of the act;
the day it is formed;
place of registration;
information about the citizen who acts as a principal, including his last name and initials, date of birth, place of registration);
indication of similar information about the authorized person;
transfer of powers;
the period during which the act is considered valid.

At the end the paintings are put down. If required, other information may be reflected in the paper, if required.

Contacting a notary office

To receive pension payments for a citizen, you will need to issue a power of attorney. To do this, you need to contact a notary office. If a citizen is unable to move independently, then it is permissible to call an authorized person home. The main task is to determine whether a citizen has legal capacity. This suggests that it is possible to draw up such a document only if the person is of sound memory and mind.

This act shall reflect:

information about the notary office where the deed was drawn up;
an indication of the fact that the pensioner has legal capacity.

In addition, the paper may specify other conditions that are necessary for the activities of the trustee. At the end, the patient must sign the document. In this case, a situation may arise when a person cannot sign, then another person affixes the signature. The main condition is that an employee of the notary’s office and the person for whom the document is being drawn up are present.

In this case, it is necessary to reflect in the act the data of the citizen who signs. When an employee of a notary office concludes that a person is incompetent, it will not be possible to draw up a document.

Procedure for issuing a power of attorney

The document transferring the right to receive funds for the patient is drawn up in free form. It is necessary to indicate the details of the principal and the authorized representative:

FULL NAME.
Residence address.
Passport details of a citizen of the Russian Federation.
SNILS number.
Phone numbers and other contact information.

In addition, the document must contain the following information and components:

Date and place where the power of attorney was executed.
The day on which the authority to accept payments takes effect.
Validity period of the document.
Data on the type of pension (insurance, preferential, length of service, etc.).
Methods of receiving a pension (postman's appearance, at the post office, by bank card).
Personal signature of the principal.
Signature and seal of a notary.

The longest period of validity of a power of attorney is 3 years. If it is not designated, the document becomes invalid after a year. If a sick citizen has legal capacity, but is unable to sign (for example, his arm is broken), then another person signs. A note is made about this fact. The power of attorney must be certified by an authorized person.

Notary

There are two ways to issue a power of attorney in the presence of a notary:

If a pensioner knows that he will undergo treatment and can come to the notary’s office in advance, he draws up the document there. The easiest way to do this is at a notary's office. A specialist will advise, print and fill out the required form. Drawing up a power of attorney will not take much time. You will have to pay about 1 thousand rubles for the service.
If the principal is a bedridden patient and is unable to come in person, he arranges for a notary to come to his home or hospital. You will have to pay extra for the visit of a specialist.

For the legal procedure, you need to have a passport, pension certificate, and a certificate of registration at your place of residence. Both parties - the principal and the trustee - fill out applications. The validity period of the document, even if certified by a notary, cannot exceed three years.

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In the hospital at the place of treatment of the pensioner

There is no need to invite a notary to a medical institution, because it is possible to certify a power of attorney directly there and completely free of charge. The paper is compiled according to a ready-made sample. It is confirmed by the attending physician or the head physician of the hospital. The signature of this person is equivalent to a notary.

The validity of the document certified by the chief physician of the clinic where the patient is staying does not exceed 1 year. The registration is the same both at the notary and at the hospital. The procedure and details are the same as above. The paper must be stamped by the medical institution.

Composing in hospital

If a person is in a hospital-type hospital, then the following options are provided for resolving the issue of issuing a power of attorney:

calling a notary office employee to the hospital;
certification by the head of the medical institution.

In this case, contacting the main doctor is a more appropriate option. The document has a standard expression. You need to write in it:

the name of the institution where the person is being treated;
an indication of the patient’s condition, including whether he has legal capacity;
data of the head of such institution.

The positive aspects of using this option include the fact that you do not need to pay the head doctor. If a person wants to call a notary, he will need to pay a fee. It is worth noting that in this case the cost of services increases significantly.

When the head of a medical institution believes that a citizen does not have legal capacity, then an act cannot be drawn up. In this case, you need to look for another way out.

How to assure?

When undergoing a course of treatment in a hospital, for example, after a stroke, a pensioner has the right to use the services of a notary to certify a power of attorney, who will come to the hospital for this purpose. The head physician of the medical institution can also be the certifying person. In this case, the document is equivalent to being notarized.

Read more about how to properly certify a power of attorney to receive a pension from a notary or attending physician here.

Cost of services

A prerequisite is that the date on which the formation occurred is reflected in the act. When such an indication is absent, the document is considered as inconsistent with reality. The document has a limited validity period. If a citizen is very sick, then he has the opportunity to draw up an act for any period, but no more than three years. The validity period may not be specified. In such a situation, the paper is considered valid for a year.

The amount of payment varies depending on which office the person contacts. Most often, the amount ranges from 800 to 1500 rubles. The cost is influenced by where a person lives.

You can find out the amount of payment depending on the region through your PFR personal account.

Registration of guardianship

If a citizen is bedridden and lacks legal capacity, then guardianship may be issued for him. In this case, there is no need to obtain consent for this. For example, when a person is unconscious. However, a person may be aware of his actions, but not be able to care for himself. Then patronage will be established.

Both persons who are closely related to the patient and strangers can act as a guardian. The main thing is to meet the established requirements. Including:

reaching adulthood;
availability of legal capacity;
no criminal record;
compliance with moral qualities.

The authorized body may not make a positive decision regarding the guardian if he is elderly or has serious health problems. In addition, a refusal is also issued in the case where a citizen has a negative characteristic. It can be issued at the place of work or study. Then you need to find another solution to the problem.

Registration of guardianship is carried out in the bodies functioning in the guardianship authorities. If there are several candidates for the role of guardian, then preference is given to the one who is a close relative. In addition, several assistants may be appointed, they will share responsibilities among themselves. It is not permissible to appoint social workers or doctors as guardians.

To complete the application, you will need to create an application that is submitted to the authorized body. You can obtain a list of required documentation from the specified service. This includes documentation used to verify identity and health status. You will also need consent from relatives and a certificate from your place of work confirming your income.

What to do if your pension is not received on time

For a number of reasons, the pension may not be received on time:

Lengthy procedure for obtaining guardianship. According to statistics, the procedure takes about 2-3 months. Please note that payments are not assigned for this period of time, since the future guardian during this period is only an applicant and does not fulfill his duties.
Inability to receive payments for objective reasons (for example, undergoing treatment in a hospital):
If this opportunity is missed, you can write an application to the Pension Fund or wait for the payment date and receive the entire amount due, taking into account the missed periods.
Other circumstances. In some cases, the transfer of collateral may be delayed due to reasons beyond the control of the parties, for example, a technical glitch in the software.