Can a working person be a guardian?
When appointing a new guardian, a number of circumstances are taken into account, which may allow the guardianship authority to conclude that the guardian can fulfill all the duties assigned to him by law. They have the priority right to be guardians of the incapacitated. To enter into other transactions, as well as receive earnings, pensions and other income and dispose of them he can only with the consent of the trustee. However, such a citizen independently bears property liability for the transactions he has made and for the damage he has caused.
- disposal of the income directly of the incapacitated person himself, but exclusively in his interests;
- initiating legal proceedings if necessary to defend the interests of an incapacitated ward;
- protection of his interests in court when necessary;
- carrying out all necessary transactions directly on behalf of his ward. For example, this could be: purchasing clothes for him or personal hygiene items;
- fulfilling all the duties of his ward. A simple example of this is paying any taxes;
- care in relation to an incapacitated ward;
- disposition of any movable and immovable property that belongs to an incapacitated person, but only with the consent of the guardianship and trusteeship authorities.
- a medical report that indicates a drug addiction disease or other disease that results in the guardian’s incapacity for work or the possibility of transmitting the disease to the ward.
- witness statements about the guardian's regular drunkenness;
- testimony of neighbors, which indicates the fact of a rude attitude towards their ward;
When placing a ward under supervision in an educational organization, medical organization, organization providing social services, or other organization, including an organization for orphans and children left without parental care, the guardianship and trusteeship authority releases the previously appointed guardian or trustee from performance of their duties, if this does not contradict the interests of the ward.3.
A case of restriction or deprivation of a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income may be initiated on the basis of an application from parents, adoptive parents or a trustee or a guardianship and trusteeship authority. Attention! You should not think that after full guardianship has been formalized, you will be able to freely sell and give away the property of a sick person. The pensioner will first need to submit documents to the guardianship and trusteeship department stating that his patron really needs to carry out such transactions. Current legislation provides for two types of guardianship
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It can be carried out in full if the person is incapacitated, or in the form of patronage when the person under care cannot take care of himself
Questions
Are benefits and allowances available to the guardian?
It should be said that benefits for retired guardians or other payments are not provided for by law.
There are simply no such provisions in the law. At the same time, they are managers of the funds and income of the ward.
For example, orphans and disabled people receive monthly payments from the state. Due to age, the child is deprived of the right to independently dispose of them.
Therefore, all funds transferred to him go to the guardian. But he has the right to spend them only to meet the needs of the person under his care.
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Otherwise, arbitrary waste of these funds will be regarded as a violation of the terms of guardianship and will become the basis for its termination.
At the same time, the absence of federal payments does not mean the absence of regional ones. Each region has the right to establish appropriate payments for guardians.
As a rule, a pensioner guardian of a minor receives payments the amount of which does not exceed the benefits paid to single mothers.
Pensioners who care for disabled children can count on more significant support.
In this case, the retired foster parent receives compensation for utilities and periodic payments.
Each region independently decides exactly how to support a retired guardian.
Is a guardian for working retirees?
This is not considered work. Therefore, guardianship does not provide for any payments at the state level.
However, when caring for a disabled person, working persons are provided with a reduction in their pension length.
But if the guardian is a pensioner, then this condition is not relevant, since they have already reached this age regardless of guardianship. Therefore, it is impossible to draw any analogy between a retired guardian and a working person.
Thus, any pensioner can become a guardian
It does not matter whether guardianship is established over his relative or not. The main thing is to meet the health criteria and have the financial ability to raise a minor
But we must understand that you should not expect any special remuneration for performing the duties of a guardian. Benefits and payments are set by regions based on their own financial capabilities. In addition, there is no equation between guardians and working citizens.
Virtual club Essence of time
Seltsin N.P.: Regarding the foster family mechanism, it should be clarified that it was designed for those cases when the child does not have a relative who wants to take him under guardianship. And to stimulate a person who is a stranger to the child, it was proposed to pay money for upbringing, in addition to money for the maintenance of the child. That is, parents (in Moscow - one parent) receive money for the implementation of the family form of raising a child and, in a separate position, for his maintenance. In my department, during my entire practice, there was only one case of foster care. That family came from Smolensk to Moscow and registered here. But even this one case was enough for the already existing negative opinion on this issue to become even stronger in the team of the department of guardianship, trusteeship and patronage. Every specialist and guardianship worker I know strongly opposes this form of “family education.” This turned out to be a “double-edged sword.” On the one hand there are good aspirations, and on the other hand there is negative practice. This is a practice where children are used as rough labor in solving everyday problems and at the same time a source of income. There is no love, no sympathy, or even respect for children. There is only a desire to receive money for maintaining and raising a child. And this is completely impossible to fix from a legal point of view. That is why the specialists of my department are trying in every possible way to “put a spoke in the wheels” of those who want it, offering them the usual “guardianship.” But the “foster family” agreement is concluded at the level of the Department of Family and Youth Policy (at the moment “guardianship” is transferred to “social protection” and it is not clear who will do this), and it is “descended” to the territorial guardianship department ready-made. There are not many opportunities for people on the ground to interfere. But, it should be said that there are also not many people who want to take a child for selfish purposes. It is this, all these implicit aspirations of specialists and citizens, to live “in conscience” and work “in fairness” that is a “relic” of the Soviet Union. But these “remnants” will last only until the entire mechanism is “filled” with the norms of juvenile justice in Europe. Is "foster care" a business? Absolutely yes. And the proof is the negative opinion of almost the majority of specialists (I don’t know of anyone who is positive). It is “business” that experts call “foster families” and do their best to prevent their formation. After all, if you want to take a child, based on bright feelings and aspirations, then guardianship, and money for food, and life for the child will be enough for you. And you don’t evaluate the “work” of raising him with money. Monetary valuation has not yet penetrated into this deep sphere of humanity... Another proof can be considered in the many actual cases that workers encounter. I repeat, from the point of view of the Law, it is difficult to prove this, but from the human gaze, from the gaze of the mother (and the majority of guardians are women) the dirt cannot be hidden. I consider this two proofs and I don’t know anyone who wouldn’t have enough of them.
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Seltsin N.P.: In fact and “honestly” - there are no tools. A specialist can only “get on your nerves” with threats of deprivation of parental rights. But we must understand that these threats may still have an effect on some, but not on others. If they cannot act, the child is removed and placed in an orphanage. Then, guardianship continues to get on the nerves of such parents, but from the other side, from the side of maternal and paternal feelings. He is persuaded to take the child from the orphanage. If the parent agrees, the specialist invites him to get a job and bring certificates for six months of work (six months after deprivation you can recover) and stop drinking. At the same time, there is neither a budget that allows parents to be coded, nor a legal mechanism that allows this to be done without the parent’s desire. Such work comes down to 1 percent of the result, according to my personal estimates. In the same case, if the parent can still be affected by threats of deprivation of parental rights, these threats “fall” on him from all sides. Their abundance over time leads to the fact that the parent considers them the norm and ceases to be afraid. After which the child is taken away from him through deprivation of parental rights. It must be clearly understood that by “difficult life situation” we mean completely asocial families. Parents are drug addicts, alcoholics, tramps. All other cases that society is now frightening itself with relate to Western-style juvenile justice, but not to our, partly still Soviet, system. Now, if our system is filled with the meanings and norms of the West, then this category will expand significantly. In addition, one must clearly understand that absolutely nothing can be done with a person who has deliberately taken the path of immorality and has been “walking” along it for a long time. This is impossible unless we are in a totalitarian state. You can somehow prevent a person from taking this path. But this is work in a completely different direction. Such work was carried out to some extent in the Soviet Union and ceased in the Russian Federation. This work is, in principle, only possible with a specific ideology, which does not exist in the Russian Federation.
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