How to issue a power of attorney to receive a pension at the post office and at home

Power of attorney forms

Is it possible to receive a pension by proxy to care for a pensioner? Depending on the situation, one of the following types of power of attorney can be issued:

1. One-time. Issued for a strictly specified period. Mainly required under a certain event, conditions.
2. Special. Designed to repeatedly receive funds instead of a pensioner. The rights also include other manipulations with documents on behalf of the pensioner.
3. General. It involves disposing of all property, receiving a pension, carrying out rehabilitation measures and treatment of the pensioner.

Do I need a notary's certificate?

Otherwise, the procedure for issuing and using this document is regulated by Articles 185-189 of the Civil Code. In particular, attention should be paid to Article 185.1. Since formally receiving a pension by proxy is a transfer of the right to manage funds, notarization will be required.

According to the tariffs of the Federal Notary Chamber, the cost of a power of attorney to receive a pension from a notary is 50 rubles per page. The payment directly for the specialist’s work and its technical performance depends on the region of application.

Example

The following can replace a notary in this matter:

1. Chief physician if the pensioner is in the hospital at the time of registration.
2. The commander of the unit, if the principal is a member of the family of a serviceman and is sent with him to an area where there are no notary offices.
3. The head of the colony or prison, if the recipient is serving a sentence.

But all this concerns the certification of orders of capable citizens.

Registration of a power of attorney

Depending on the reason why a power of attorney is necessary, there are several ways to obtain it.

For a bedridden patient

In order to receive a pension for a bedridden patient to ensure his normal existence, full guardianship is issued over the incapacitated person. Temporary guardianship is assigned to a paralyzed or bedridden pensioner. To receive his pension, you must:

1. Obtain a certificate of disability group.
2. Submit an application to the district court to declare the person incompetent.
3. Receive reasons for implementing care.

Attention! If an incapacitated person resides in a medical institution on a permanent basis, then the institution is considered the guardian. In this case, the funds are managed by a representative of the organization.

Pensioner's stay in hospital

Staying in a hospital or having limited physical capabilities are common cases of obtaining a power of attorney. In such a situation, the procedure is greatly simplified. The interested party does not need to notarize the document. To provide assistance, it is enough to have a certificate from the attending physician.

The document states that the elderly person is temporarily in hospital or has physical limitations, and therefore cannot personally receive a pension. Therefore, assistance from a third party is required. The registration procedure does not provide for state duty or reimbursement of expenses.

Recognition of a pensioner as an incapacitated person

To represent the interests of a bedridden pensioner, receiving not only a pension, but also resolving other issues, guardianship is required. Recognition of incapacity occurs in court. Relatives or guardianship authorities can file a claim in court.

A report from a medical specialist is required as proof of incapacity. The court, on the basis of the document, appoints a guardian, and the latter can resolve all issues on behalf of the pensioner - receive pension benefits, manage accounts in a banking institution.

If money is not received on time

The guardianship process can take three months or more. While the issue is being resolved, no money will be transferred to the guardian. In practice, pensioners and guardians are concerned about how to obtain legal funds for living and treatment. Those who receive a transfer to a bank card have no problems. Money is credited to the account within the specified time frame. The category of the population receiving pensions by mail can also quickly resolve the issue. The authorized person is obliged to contact the Pension Fund department before the end of the billing period, that is, before the 25th of each month. If there are missed periods for receiving software, you can withdraw funds from the PF department. It is also possible to submit an application to receive money at the beginning of the month.

There are cases when a pensioner has not received a pension for more than six months. In this case, the security is terminated for an indefinite period. Renewal of benefits is made only after a personal visit to the Pension Fund branch.

In the event of a long-term absence of a pension, it is recommended to take care in advance of the rights of the guardian to regularly receive social security:

1. By issuing a power of attorney to a relative or third party who will be responsible for storing the funds or transferring them to the pensioner.
2. Changing the form of obtaining software. For example, to a card from any bank.

Pension delivery is carried out for any authorized citizen of the country. You can also submit a request through your personal account on the official website of the Pension Fund. When applying for a bank card, it is necessary to take into account that if no banking transactions are carried out on the account during the year, then the pension transfer automatically stops.

Who can write a power of attorney

Note! The need to create a power of attorney in the name of another person may arise:

• a pensioner who is undergoing long-term treatment in a clinic;
• in a bedridden patient who is unable to move on his own;
• an elderly person who, due to his own illiteracy, cannot sign a document with his own hands;
• due to the long-term absence of the principal due to departure.

There may be other life circumstances that make a power of attorney necessary.

An important condition for creating a power of attorney, which the notary must ensure compliance with, is the legal capacity of the principal. In other words, only a person of sound consciousness and memory can grant the right to manage his own funds.

But how, in this case, can you draw up a power of attorney to receive pension payments for a citizen who has been declared incompetent?

Please note! The legislation in this situation speaks of the impossibility of drawing up such a document on behalf of an incapacitated person, since he must already have a legal representative:

• guardian;
• trustee;
• adoptive parent;
• parent.

They are the ones who must act on his behalf, manage his property and enter into contracts. Therefore, only they will be able to act as a principal if it is necessary to authorize someone to receive pension contributions from an incapacitated person.

Sample application to the Pension Fund for the funded part of a pension.

Read how to receive a missing person's pension here.

How to appeal a refusal to grant an early pension, read the link:

Cases when a pensioner is in a medical institution and is not able to come to collect his own pension are perhaps the most common.

In this situation, the mechanism for certifying a power of attorney is simplified: you will not need to visit a notary, it is enough to receive a document from the chief physician of a medical organization.

It must record the fact that the pensioner is undergoing hospital treatment, and therefore cannot receive pension payments on his own and trusts an attorney to do this. In addition, the preparation of this type of power of attorney does not involve payment.

Bedridden sick citizens also cannot independently come to a notary’s office to show their approval for the delegation of authority to receive their own cash payments, which is required by law. In such a situation, a notary can be called to the patient’s home or clinic directly to the patient’s bedside. It is clear that such a procedure will require large financial costs, but there is no other way.

The notary is obliged to make sure that the principal puts his signature on the document at his own request, understanding the consequences of what is happening.

According to the Criminal Executive Code of the Russian Federation, pension accruals for persons who are in custody are transferred to a special account of the correctional institution. From this account, financial resources are transferred to pay off the debt, as well as to pay for his stay in custody.

Some of the money can be spent by the prisoner on purchasing food or basic necessities, but he will be able to receive the remaining funds only after his release.

Consequently, while the pensioner remains behind bars, no one can receive pension accruals for him, even by proxy.

The pension owner's stay in prison

Pensions for persons staying in prison to serve their sentences are credited to a separate account. Details for each institution are individual. The money is used to pay off debts and pay for prison fees.

You are allowed to spend part of your pension on expenses. This could be the purchase of food and basic necessities. The rest of the money is given at the time of release. While in prison, no one can act as a trustee or exercise the corresponding rights.

Carrying out certification

To reduce the level of fraud, the Civil Code of the Russian Federation has established mandatory requirements for notarization of powers of attorney that are issued for financial transactions.

Where can I issue a power of attorney to receive a pension to care for an elderly person? The document can be certified by a notary or specialized organizations. The authenticity of the trust document is confirmed free of charge in:

1. Organizations and structures where the pensioner is officially employed.
2. Clinic, hospital.

The document is submitted in printed or written form.

To cooperate with financial organizations, only notarization of the power of attorney is required. Confirmation is a paid service.

Certification is carried out with the personal participation of the pensioner. Issued on official letterhead. The document has a clear time frame and applies to individual accounts opened at a financial institution. The maximum validity period of a trust document is three years.

For how long is it issued?

The time frame for the validity of a power of attorney to receive pension accruals depends on the purpose for which it is created. For example, if you need to entrust the receipt of a pension to another person during your stay in a medical institution, you should first inquire about the duration of treatment.

The power of attorney can have any validity period. If a specific date is not indicated in it, then it automatically equals one year.

You should be careful when specifying the date of issue of the power of attorney - this is an important point in the document. In the absence of such a condition, the power of attorney will be considered void.

Service cost

Registration of a power of attorney is paid only if you contact a notary. In all other cases, the document is issued free of charge. The design consists of two parts:

• Fixed. Provides a financial contribution for actions of an informational and technical nature. The cost of the service is from 800 rubles.
• State duties. In accordance with the Tax Code of the Russian Federation, the amount of mandatory payment is 200 rubles.

The final cost of the service depends on the region. The frequency of changes in the price of notarization is once a year. The notary's visit to the pensioner's place of residence is paid separately. Additional costs are allowed by agreement.

Where to apply

Despite the lack of a strict form of the document, it should be drawn up correctly. It is better to entrust this to competent people.

There are several options for legally competent execution of such a document:

• at a notary's office;
• in the organization where the principal works;
• in the administration of the medical institution where the pensioner is undergoing treatment;
• social security authorities, if the pensioner is in a nursing home;
• the head of the local administration, if there is no notary in the locality where the pensioner lives.

In all these cases, the pensioner must be personally present when the document is executed. If this is physically impossible, for example, if the pensioner is a bedridden patient or it is difficult for him to leave the house, then a notary is called to the house. But this service is not free. Find out the exact cost at the notary office where the power of attorney will be registered.

When contacting any of these organizations, you should have with you:

• passport;
• passport details of the authorized person;
• bank account.

Action term

The validity period of the power of attorney is established in the document itself. Determined in accordance with the reason for issuing the permit. If the term is not specified, then the term of the power of attorney is one year.

At the legislative level, conditions are established under which a power of attorney is automatically revoked, namely:

• completion of the term;
• refusal to provide services;
• refusal of the recipient to provide assistance;
• death of a pensioner;
• loss of legal capacity by the subject.

The pension by proxy stops accruing in cases of non-receipt of funds within two months.

How to obtain a document in Russia

An indispensable condition for certifying the power of attorney is the personal appearance of the pensioner. If for some reason this is not possible, then you should call a notary to come to you. It is clear that such a service will cost much more, but such actions guarantee confirmation of legality and elimination of possible difficulties in the future.

If a pensioner resides outside the Russian Federation, an indispensable condition for issuing a power of attorney will be the affixing of an apostille or its legalization.

In accordance with Article 185.1 of the Civil Code, a power of attorney for receiving pension contributions can be certified at the place of work or study. If a pensioner is undergoing medical treatment, then the head of the organization or another authorized person has the right to certify the document.

In this case, the power of attorney is issued free of charge. However, we must not forget that in situations where notarization is necessary, you will have to pay for the services of a notary.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Places of provision

Each type of power of attorney provides for individual presentation places. Among them:

1. Financial institutions - for account management. A notarized power of attorney or any other equivalent is required. Bank employees check the document for authenticity. The review process may take several days.
2. To use a bank card. Withdrawing personal funds from a bank card in the absence of a power of attorney is prohibited. The principal has the right to provide the password for the card and provide it for withdrawal of funds without issuing a power of attorney. Banks consider such a case as illegal.
3. For a Russian Post office or at home. A notarized or similar power of attorney is required.

Power of attorney for Sberbank

To withdraw funds from a bank account, a notarized power of attorney is not always needed. It is enough to have the document certified by the administration or medical institution at the place of treatment. Also, a Sberbank employee can certify a power of attorney to receive a pension for a relative who has a pension account with this bank.

If registration is carried out at an institution, then the principal does not need to draw up an application. Documents are prepared by employees of the financial organization. All you need to do is fill out the information and sign. To transfer rights, the trustor and the pensioner must come to the bank branch. Also, to receive a pension from Sberbank by proxy, you need the following documents:

• passports of both citizens;
• pensioner's ID;
• bank card.

The choice of one or another method of obtaining a power of attorney at Sberbank depends on the capabilities of the principal.

How to draw up a document correctly

According to Article 185 of the Civil Code of the Russian Federation, a power of attorney is a document that is created in writing in certain cases by a specific person and allows one or more citizens to receive their pension accruals instead.

The person who signs the document is called the principal, and the person who is entrusted with something is called the fiduciary.

The obligation to prepare a power of attorney is also provided for in Article 21 of Federal Law No. 400-FZ “On Insurance Pensions”. Cases of drawing up a power of attorney are listed here if the recipients of pension accruals are not only pensioners, but also minor children, as well as incapacitated citizens.

The power of attorney to receive pension payments is drawn up in writing. It must include information about the principal, that is, his full name, date and place of birth, passport information, and information about his place of residence.

The information should be as detailed and comprehensive as possible. If difficulties arise when creating a document, you can seek the help of a notary.

It is important to know! Detailed instructions for creating a power of attorney are as follows:

• in the center of the document you should write its name - “Power of Attorney”,
• Next, you need to indicate the place and date of execution of the power of attorney (place of execution - the name of the locality where the document is created). The date must be written in words,
• a new paragraph must begin with the phrase “I, the undersigned, am a citizen of the Russian Federation (full name and passport information are indicated here), with this power of attorney I authorize the citizen (full name and passport information of the authorized person): to receive the pension contributions due to me at the Russian Post office No. (indicated branch number) and sign for receipt"
• next paragraph – The power of attorney was issued without the right of subrogation for a period of (time period indicated) year,
• below is the signature of the principal,
• after which the notary's certification inscription is placed.

Watch the video. Pension by proxy:

Confirmation of registration with a power of attorney

If the permit is issued for more than one year, then the actual residence of the pensioner at the place of registration is confirmed annually. This is carried out in order to confirm changes in the pensioner’s personal data.

To do this, the pensioner must report to the Pension Fund department within a year. The next time report will be carried out from the new registration date.

The pensioner has the right to personally submit an application for the establishment of a trusted citizen or a selected person will do this for him.

If there is no information about the pensioner’s registration, the software is suspended until the information is clarified. In a number of changes, all data is transferred to the database.

Documents for registration

To make a power of attorney, both persons involved in this matter must draw up an application and present the following documents:

• identification document of the pensioner-principal;
• pensioner's ID;
• documents that confirm registration at the place of residence (they must be presented every year to the Pension Fund of Russia): registration mark, certificate from the passport office, etc.;
• document proving the identity of the authorized person.