Why is the document needed?
The purpose of the document is to allow a third party to pick up the child from the institution instead of the parents.
According to the legal norms of the Russian Federation, only their guardians have the right to restrict the freedom of children. It is the power of attorney that allows an outsider to visit the kindergarten. There are no requirements when choosing an applicant for the role of “guardian”: he can be any adult citizen at the discretion of the spouses.
Important! The power of attorney automatically notifies kindergarten teachers that access to the child is prohibited to other persons. This is also relevant if the parents are divorced and one of the spouses is trying to interfere with the court’s decision. A power of attorney will give the employee grounds for imposing a ban on communication.
General information
In order for a relative or family friend to pick up a child from kindergarten, the parent must write a written power of attorney with the data of the citizens whom he trusts to perform these duties. The template for a power of attorney to receive a child is not regulated at the legislative level of the Russian Federation, but the administration of the preschool institution is responsible for the child, so it is necessary to issue a power of attorney. It is in the interests of the kindergarten administration not to put the incapacitated person in danger, but to put their own reputation at risk.
Often, the delivery of children to a children's camp and their delivery back is carried out centrally, but this order is not always followed. In addition, we should not forget about the occurrence of force majeure situations when the child has to be taken away ahead of schedule. If neither parent can do this, it is necessary to issue a power of attorney; a stranger can pick up the child from the camp only if they have one.
Who can pick up the child
The legislation of the Russian Federation does not have clearly defined rules limiting the choice of a trustee.
The citizen for whom the document will be issued must be an adult and capable. Presence of family ties is not a prerequisite. Important! A kindergarten employee who hands over a child by proxy automatically shifts his responsibilities to the person who comes. It is the trusted person who will be responsible for the life and safety of the baby.
If a person with signs of alcohol or drug intoxication comes with a power of attorney, then the teacher has the right not to give the child to the person. The restrictions also apply directly to the parents: mother or father.
Who can act as a trustee?
Both relatives and other people whom the father, mother or guardians trust to accompany the minor from the building of the preschool educational institution to the destination can be represented as proxies. For example, it could be a grandmother, a neighbor, a nanny, etc.
The trustee cannot be a minor or incapacitated. For example, a brother or sister of a child who is under 18 years of age does not have the right to act in this role and pick up a kindergarten student from a preschool institution.
Responsibility for choosing a proxy rests entirely with the parents. To ensure complete safety for the minor, it is recommended that you take this very carefully.
After handing over a kindergarten student to a trusted person, the latter assumes full responsibility for ensuring the safety and security of the minor’s life.
Sample of filling out a power of attorney for the right to pick up from kindergarten
A form to fill out or a sample must be provided to the parent at the kindergarten the child attends. A power of attorney can be filled out by either one of the spouses or both. The document is sent to the head of the organization.
The word power of attorney is written in the center of the paper. The body of the document should include the following information: information about the parents with passport data, the child’s full name indicating the group in which he resides. The document specifies informed consent regarding the responsibility assigned to the parent executing the power of attorney. Below are the details of the citizen who will pick up the child and the validity period of the document. At the end of the paper the date and signature are written.
Sample power of attorney
The power of attorney must be certified by the head of the kindergarten and numbered.
Copies of the passports of the spouses and the person who will pick up the child should be attached to the power of attorney.
The executed paper does not need to be certified by a notary, so kindergarten employees do not have the right to require the signature of an official on the completed form.
Read also: Is alimony withheld from compensation or payments upon dismissal?
Filling out and writing text
Filling out and writing the text of the permit does not contain any pitfalls:
- The parent must, firstly, provide their full details.
- Then you need to indicate why the permit is being issued. The most commonly used phrase is “I trust you to pick up and drop off my child at kindergarten.”
- Next, the details of the minor are indicated: his date of birth and certificate data. It would be useful to indicate the number and group of the preschool educational institution in this block.
- The next block indicates authorized persons and their details. They can be specified separated by commas, but it is much more convenient to make a numbered list. This makes it much easier to perceive information.
- The last block should contain the date of signing, the signature of the parent and the marks of the head of the preschool educational institution. It is worth mentioning here that the director (manager), in addition to his signature and seal of the preschool educational institution, must put down the number under which the permit is registered in the internal journal. This will ensure that the power of attorney is accepted and approved.
When can you write a regular application?
If a stranger needs to pick up your child from kindergarten only when necessary, and not regularly, then it is permissible to write a corresponding statement. This document will be one-time or valid for 24 hours.
According to the statement, a third party has the right to pick up the child or bring him to a child care facility on a certain day. The citizen must provide personal identification with him.
Application form
For the application to be valid, the parent must prepare a copy of the passport and submit all documents to the kindergarten employee in advance.
On the day when a trusted person comes to pick up the baby, the institution’s employees have the right to call the parent and get verbal permission again.
Looking for an answer? It's easier to ask a lawyer!
Only a power of attorney issued to carry out transactions requiring a mandatory notarial form in accordance with clause 2 of Art. 185 of the Civil Code these are mainly agreements on the pledge of real estate, rent agreements, agreements on the assignment of rights (claims) or transfer of debt, if the claims or debt themselves are based on a transaction completed by a notary. In other cases, a simple written form will do.
Hello Julia! The document you are talking about is correctly called Consent to Delivery to Place of Residence. Subject to notarization if a simple written form is not acceptable in your preschool educational institution. You can grant the right to deliver not only your aunt, but also other relatives or acquaintances to perform such events; it is enough to indicate their passport details in one document.
Hello Yulia. The law does not provide for mandatory notarization of such a power of attorney (Article 28 and Article 185 of the Civil Code of the Russian Federation). Such a power of attorney can be issued in simple written form.
to our lawyers - it’s much faster than looking for a solution.
Good day, Natalia.
Since these requirements are aimed primarily at the benefit of your child, to ensure his safety (and, consequently, your peace of mind), they cannot be considered unlawful. In addition, the management and staff of the preschool institution know the local situation better than can be assessed by an outsider.
Client clarification
Such a statement exists. The emphasis is precisely on what the gene is needed. power of attorney, referring to the law. But there is no such requirement in the law. What is the purpose of throwing away money so that the grandmother can pick up the child once a year?
23 May 2014, 16:18
Natalya, it’s easy for you and me to reason, but if, God forbid, something bad happens, the last one left is the “switchman” - the headmaster or teacher, on whom the parents take out their grief. We can only hope that times of peace will soon come and the situation will return to normal.
Where is it transferred and where is it stored?
When drawing up a power of attorney, a copy of the papers must be taken. One copy remains in the custody of the head of the institution, and the other is given to parents. When third parties try to pick up a child, the head of the kindergarten or teachers are obliged to verify the availability of documents and verify all specified data.
If a citizen attempts to pick up a child, claiming that he has the right to do so, then the child will not be given to him without the appropriate papers. Teachers do not have the right to allow a trusted person to pick up the child if the power of attorney has expired.
Important! If the document has expired and the teacher gave the child away out of ignorance, this does not relieve him of responsibility. The employee’s responsibilities include monitoring all documents relating to his wards.
In the event of an unexpected loss of a power of attorney, employees are obliged to notify the child’s parents as soon as possible and refuse to release the child to third parties until all papers are restored.
Can a teacher refuse to send a child?
The absence of permission or an application for the right to pick up and accompany a child from kindergarten, as well as the expiration of the validity period of these papers, is a legal basis for the teacher’s refusal to release the minor to third parties. This applies to both strangers and relatives, and also, in some cases, to parents going through divorce proceedings.
But even despite the availability of such permission, the teacher may refuse to hand over the child to persons who are intoxicated or in an altered state and who cause reasonable suspicion and mistrust among the responsible kindergarten employee. These restrictions also apply to the father and mother of a minor.
Sources
Source - https://nsovetnik.ru/doverennost/doverennost_zabirat_rebenka_iz_detskogo_sada_obrazec/ Source - https://zakonoved.su/doverennost-v-sadik-zabirat-rebenka-obrazec.html Source - https://pravasemei.ru/deti/detskii -sad/doverennost-na-pravo-zabirat-rebenka-iz-detskogo-sada/ Source - https://bbf.ru/documents/3925/ Source - https://www.9111.ru/questions/3249762/ Source — https://littleone.com/publication/0-6996-obrazec-zayavleniya-v-sadik-na-zabiranie-rebenka Source — https://zakonodatelstvo.okd1.ru/zakon/obrazecz-doverennosti-dlya-sada- detskogo/ Source - https://biznes-prost.ru/doverennost-na-poluchenie-rebenka.html Source - https://mojurist.ru/opeka/doverennost-na-poluchenie-rebenka/ Source - https://xn --80aatfaam2bmhem6m.xn--p1ai/semeinoe/doverennost-v-detskiy-sad/
Duration of power of attorney for kindergarten
There are no clearly established validity periods for the documentation, so the papers may be valid until the child’s graduation from preschool.
Most kindergartens unofficially adhere to the rule: a power of attorney can be issued once a year in September. This is primarily due to documentation: the children’s group could have been renamed, or there was a change in the leader or teacher. The power of attorney expires if a new one has been written. The initiative for re-registration comes from parents. If the spouses are divorced, then all documents are filled out by the person in whose care the preschooler is.
In what form and by whom should the power of attorney be submitted?
Permission to pick up a minor from kindergarten is issued in writing using a special form, which can be obtained from the administration of the preschool institution or downloaded from available sources on the Internet. Usually, a standard document form is used for this, the same for all educational institutions.
The power of attorney is drawn up by the child’s parents or his legal guardian and is addressed to the head of the kindergarten. If the father and mother are divorced, this responsibility is assigned to the one of them who has custody of the minor by court decision.
The document can be drawn up in free form and written by hand. In this case, the color of the ink used and the paper format do not matter. It is important in the text of the document to correctly (without making mistakes or corrections), in legible handwriting, indicate all the data of authorized persons and parents of the minor, as well as display all the necessary information regarding them.
Today, parents living in Moscow can draw up and submit a power of attorney online without visiting a preschool educational institution, using a free service on the website mos.ru. The document is issued once and does not require further re-issuance or extension.
Why is such paper needed?
This document is issued to a third party, whom the parents instruct to pick up the child from the kindergarten. By law, no one can control the freedom of movement of a child except his own parents (in the event of deprivation of parental rights, the deprived parent cannot either). Any third parties have the right to pick it up according to this document - the law does not limit parents’ choice in any way; assessing the reliability of applicants is solely their responsibility.
Also, its presence automatically prohibits any other persons who are not included in the document from picking it up - the teachers know about this and will not give the baby away. This is especially true in case of a controversial divorce of spouses, where the one in whose direction the court issued a negative verdict will try to interfere with the court decision.
Who can take the baby from kindergarten and who writes the document?
With a power of attorney, anyone can freely pick up a child from kindergarten at any time, relieving all responsibility from the staff of the preschool institution. This can be any person at the discretion of the parents or one of them who has rights to the child.
Usually these are close relatives (grandparents, older brothers or sisters), but complete strangers can also be included in the document for the kindergarten. Under no circumstances can minors (even relatives) be included in the power of attorney.
Only the parents (or the one remaining in rights) can write a power of attorney.
Notarization of power of attorney
Sometimes parents are even required to provide a power of attorney certified by a notary. How legal is such a requirement?
It should be noted that the need for such a power of attorney is not provided for by law. Moreover, according to Russian legislation, only those documents for which such a requirement is expressly established are required to be notarized. Therefore, if the management of a child care institution absolutely requires notarization, parents are not obliged to fulfill this condition. A simple handwritten power of attorney is sufficient.
