What is needed to obtain guardianship of a child: a list of documents depending on the case

Types of guardianship

In civil law, the concept of “guardianship” has a narrower meaning than in the understanding of ordinary people. Depending on the age and capacity of the ward, care for him can be arranged in three different ways.

Only someone who:

• he himself has reached 18 years of age;
• is mentally healthy and has no other serious or dangerous illnesses;
• has no financial interest (is provided with living space and is able to provide for himself financially);
• cannot be convicted of having previously been deprived of parental rights or convicted of a “serious” article;
• is not in a same-sex marriage and is not a citizen of a country where such unions are permitted by law, Art. 146 SK.

Legislators initially determined that guardianship of a minor or incompetent person should be dictated by selfless motives, Art. 16 of Law No. 48-FZ.

The reason for registration of guardianship cannot be financial interest.

Important! Guardianship is a voluntary matter and does not initially imply the possibility of receiving financial remuneration or government benefits, Art. 16 of Law No. 48-FZ.

Temporary

Civil law provides for a temporary form of guardianship for situations where the issue needs to be resolved quickly. Article 12 of Law No. 48-FZ describes the form of preliminary guardianship, which is established in cases where care for an incapacitated person must be assigned immediately.

The peculiarity of the temporary status is that the guardian (trustee):

• appointed for a period of no more than six months, and in exceptional circumstances - no longer than 8 months;
• has all the rights of a permanent representative, with the exception of the possibility of disposing of the property of the ward or approving any transactions with these objects;
• is not subject to verification of information about oneself, therefore, the list of mandatory documents for registration of preliminary guardianship includes only a citizen’s passport and an inspection report of housing conditions.

An orphaned child cannot wait for lengthy paperwork, so temporary guardianship is issued - for a short period of time and according to a simplified procedure

Gratuitous

Guardianship should initially be dictated by the desire to take care of someone who is not able to do it themselves. Therefore, fees for performing the duties of a guardian are established only in exceptional cases. To eliminate the factor of selfishness when arranging guardianship, close relatives of a minor or incapacitated adult will have priority when appointing this role.

However, this fact does not negate the need to prove one’s worth in terms of fulfilling the duties of a guardian or trustee.

The candidate (even if he is a close relative) will be forced to provide a full list of documents and certificates for registration of guardianship. In particular, you need to prove your ability to support yourself and your ward without government help. If there are several morally equal candidates for guardianship, then preference will be given to the one who can provide the best financial and living conditions.

The list of documents and certificates for registration of guardianship includes evidence that the potential guardian is able to provide decent conditions and care

Paid

Only state guardianship authorities can decide on the establishment of paid guardianship. They are obliged to proceed exclusively from the interests of the “ward”, Art. 16 of Law No. 48-FZ. At the federal level, such benefits are not established. Sources of payments may be:

• regional budgets - the size and procedure for assigning benefits are determined by the laws of the constituent entities of the Russian Federation or municipal councils;
• funds from third parties - the rules are set by the owners of charitable foundations, support programs, etc.;
• income from the property of the ward - the guardian can use part of the proceeds for his own purposes (but not more than 5% of the total amount for the reporting period, clause 4 of the Rules established by Cabinet Resolution No. 423)

A trustee who has proven his or her conscientiousness may, instead of financial remuneration, ask for permission to use the property of the person under guardianship free of charge for his own non-commercial purposes.

Important! Without the consent of the responsible government agencies, the guardian does not have the right to alienate the property of the ward or approve the conclusion of such transactions on behalf of a minor or incompetent person.

Type of guardianship

A master list is provided to potential guardians. But depending on which minor is taken into custody, the list of documents is supplemented.

Guardianship can be:

· temporary;

· with living parents;

· children from orphanages;

· disabled people;

· babies from an orphanage.

Temporary guardianship

This type of guardianship is issued urgently when the presence of a little person in the family is associated with a threat to his life. If relatives take care of the baby, then they do not need to collect a large package of documents. An application and a passport are enough.

Temporary guardianship can be issued for a minor if the legal representatives are on a long business trip, or the minor is studying in another locality.

ATTENTION!

In this case, you will need a supporting document on a business trip from the place of work of the parents and their written consent to take care of the minor.

With living parents

You can take custody of a minor if the parents are alive in the following cases:

1. If you have physical or mental illness.

2. If they are drug addicts or alcoholics.

3. There are no financial possibilities for maintenance.

4. They abandoned the child and departed in an unknown direction.

5. Convicted and in prison and other situations.

The following additional documents will be required:

·

a court decision to limit or deprive parental rights or declare parents incompetent;

· a document from the police stating that the child’s legal representatives have gone missing and are wanted;

· certificate from the Federal Penitentiary Service about the parents’ stay in places of detention;

· a certificate from the Ministry of Internal Affairs confirming that the parent is serving a criminal sentence in prison.

From the orphanage

To take custody of orphanage children, in addition to basic documents, the consent of the head of this government institution to formalize guardianship is required.

IMPORTANT! For orphans, it is necessary to prepare a copy of the death certificate of one or both parents.

Having a disability

In addition to the closed list, future guardians will have to undergo special medical training and provide the appropriate certificate.

Baby from the orphanage

To formalize guardianship of a baby, the guardianship authorities file a claim with the court regarding the desire to transfer the baby to the care of other people. The court decision is attached to the closed package of documents.

Guardianship of a minor

Establishing guardianship over a minor is possible only in relation to a young child (under 14 years of age). Care for older children is carried out under guardianship conditions. In this case, the ward himself is given more rights, and the trustee will be obliged to take into account the opinion of the ward when making decisions.

In both cases, the adult must proceed exclusively from the interests of the person who is entrusted to his care.

If the child is under 14 years of age, guardianship is issued; otherwise, guardianship is issued.

Documents for registration

A detailed description of what documents a candidate needs to obtain guardianship of a minor is provided in Cabinet Resolution No. 423. The following must be attached to the application for the desire to become a guardian/trustee for a minor:

• autobiography;
• a document confirming the source and level of income for the last year;
• employment information;
• data on the availability of housing, as well as an extract on the status of payments for utilities;
• results of a medical examination (the candidate must not have a dangerous infectious disease or a confirmed diagnosis that calls into question his ability to care for someone else);
• information about marriage and family composition, as well as the written consent of all its members who have reached 10 years of age;
• confirmation that the candidate has completed special training courses (the requirement does not apply to close relatives of the ward and persons who are current adoptive parents for other children).

The application must indicate that the biography of the future guardian did not include the fact of deprivation of parental rights and an outstanding criminal record. This data will be checked through interdepartmental interaction channels.

Procedure for submitting documents

A child who has lost his parents belongs to the category of persons in need of urgent guardianship. The authorized bodies are obliged to resolve the issue of transferring a minor into care within 30 days from the moment the fact of such a need is identified. If this is not possible, he is placed in a hospital or special educational institutions.

Those who intend to take care of a child will most likely have to go through two stages of paperwork:

1. Preliminary guardianship. Only the citizen’s passport is submitted to the trustee body. The commission makes a decision based on a survey of housing conditions and the minimum data that comes to their disposal.
2. General guardianship. Permanent guardianship with a full set of rights and responsibilities. To complete it, the candidate will have to collect and provide officials with a complete package of papers and certificates. The decision to conclude a guardianship agreement is made after a thorough check of all the information contained in the autobiography.

Who is guardianship established over?

Guardianship is established over children under 14 years of age or over adult incompetent citizens. Incapacity is determined only through the court (Article 145 of the RF IC, Article 32 of the RF Civil Code).

If the child is over 14 years old, or an adult citizen is recognized as having limited legal capacity, another form is used - guardianship.

For capable elderly persons in need of help, a patronage agreement is drawn up (Article 41 of the Civil Code of the Russian Federation).

Note! The above concepts cannot be confused - these are completely different forms of arrangement for people who need outside help.

Guardianship of a disabled person

If a minor is disabled, the issue of guardianship is considered not only from the position of emotional comfort for the person being raised. The candidate for guardianship must prove that:

• is able to create all the conditions for the most normal life of a person with disabilities;
• financially and morally ready to refurbish his home taking into account the needs of the ward;
• has the knowledge and skills to provide the necessary primary care and ongoing care.

When registering guardianship for a disabled person, a document on medical education will be a plus

Documents for registration

The following should be added to the package of mandatory documents for guardianship (from the list provided by Resolution No. 423):

• certificate of completion of special training (taking into account the medical needs of a disabled person);
• a diploma of medical education, if any (this will be counted as an additional argument for making a positive decision);
• housing reconstruction plan or evidence of already completed redevelopment;
• documents confirming the purchase of the necessary equipment (ramp, stroller, specialized bed, etc.).

If the candidate cannot prove his ability to care for a person with physical disabilities, the court may refuse to establish guardianship and place the disabled person in a specialized medical facility. Even close relatives can receive a refusal.

Procedure for submitting documents

If we are talking about a minor, the future guardian can provide the collected documents in person (subject to presentation of the original civil passport) or through the State Services portal. After checking the completeness of the transferred package, specialists of the trustee body send control requests in the manner of interdepartmental interaction. Responses to them should be received within 5 business days.

After receiving supporting data, the guardianship commission is obliged to conduct an examination of the living conditions (in the next 3 working days). During the verification process, the candidate for guardianship is required to present to the inspectors the originals of all documents attached to the application. The inspection report must be drawn up and signed another 3 working days after the visit of officials.

The decision to appoint a trustee is made no later than 10 days after confirmation of the information provided by the candidate. The response from the guardianship authorities may be negative. You can challenge it in court.

Procedure for obtaining and validity period of a certificate of no criminal record

A police clearance certificate is a document that will require a 30-day period to obtain.

The certificate can be requested through the following authorities:

• information center of the Ministry of Internal Affairs;
• directly to the ATS;
• MFC;
• State Services website.

The maximum period for receiving a document is 30 days. The certificate will be valid for 3-6 months. for employment, and for guardianship authorities - 1 year .

The relevance of the document is not indicated on the form itself; its expiration date is counted from the date of its registration. The fact of a criminal record cannot be removed from the biography; it remains forever, but in the time that has elapsed since the date of receipt of the paper, the candidate for guardianship may become involved in an unsavory story, so the certificate of no criminal record will need to be updated after 1 year, if necessary.

Care for the elderly

In relation to an adult who needs outside help, several types of full or partial transfer of authority can be applied:

• guardianship – when a person is declared completely incompetent;
• guardianship – in case of partial loss of legal capacity;
• patronage – assistance for elderly citizens in accordance with the contract (established with the voluntary consent of the ward).

The category of guardianship for an elderly person depends on the degree of his legal capacity

The rules for selecting candidates for trustees and the list of documents for registration of guardianship are approved in Cabinet Resolution No. 927.

Documents for registration

For a capable or partially capable old person, patronage may be a more suitable form of assistance. To conclude an agreement with a relative or good friend, it is enough to contact the guardianship authorities with:

• a statement from the future assistant;
• written consent of the elderly person;
• a certificate from a medical institution (about the presence of diseases that limit the ability to care for oneself);
• passport and characteristics of a potential assistant;
• information about the place of registration.

Important! An agreement on guardianship or patronage cannot be concluded with a social worker serving a person on duty.

Registration of patronage is possible only with the consent of the elderly person

Procedure for submitting documents

After officials are convinced of the seriousness of the intentions of the citizen who has declared his desire to exercise patronage, an agreement can be drawn up and signed between the old man and the candidate (describing the powers and responsibilities of the parties).

Guardianship officials may take a break to check the information contained in the applications. The procedure for conducting it is similar to the measures for registering guardianship, the Rules for the selection of candidates from Resolution No. 927.

Important! The patronage agreement does not oblige the assistant to live with the ward.

Sample autobiography for guardianship

An autobiography is a guardian’s own description of his or her life path. Due to the impossibility of providing for all the vicissitudes of each person, there is no special uniform form, but there are basic rules.

An autobiography can be handwritten or typed, but in the first person and mentioning all the major life milestones in chronological order. The guardian's desire to present himself in the best possible light is understandable, but providing false information is strictly unacceptable.

The information should be presented as follows:

• Full name, place of birth, information about parents at the time of birth;
• about studies (at school, vocational school, technical school, university);
• where, when and in what capacity did military service take place (for those liable for military service);
• about professional activity - when and by whom he worked, under what article he was fired, etc.;
• about marital status (who is the spouse, date and place of marriage and divorce (if any), without omitting a single fact of official marriage);
• about children from all marriages.

Below you need to indicate your passport details, residential address, put your personal signature and the date of compilation of your autobiography. If distortion or concealment of facts is revealed, guardianship will be denied.

A sample autobiography for registration of guardianship is available.

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Guardianship of an incapacitated person

Guardianship of incapacitated adults is similar to the process for minors. However, it is worth considering that the fact of an adult’s incapacity (full or partial) must be separately established by a court decision.

If a child is incompetent by default, due to his age, only a court can recognize an adult as such

Documents for registration

The only significant difference in the procedure is that legislators have provided a simplified procedure for submitting documents and registering guardianship for relatives of the ward. If at the time of filing the application the guardian and the ward have been living together continuously for 10 years or more, the list of papers will be shorter:

• candidate statement;
• certificates confirming blood relationship;
• certificate of medical examination of the candidate;
• marriage data.

If you fail to prove your ability to be a guardian under the simplified procedure, you will have to collect additional certificates (from the employer, from the police, from the Federal Tax Service, etc.).

Procedure for submitting documents

Only a candidate for guardianship can submit documents to the guardianship authorities to establish guardianship over an incapacitated adult and only in person (with presentation of the original passport).

From this moment, the guardianship service workers have 7 calendar days to check his living conditions and identify factors that interfere with the approval of the application for guardianship. 3 days after the visit to the place of residence, officials must draw up and sign an inspection report. It must be handed over to the candidate after another 3 days.

The decision to appoint a guardian is made within 15 days after verification of the declared information.

Important! The collected certificates and documents are valid for one year. The exception is a medical report on the health status of the applicant for guardianship. To register guardianship over a minor, a medical certificate is valid for six months, to register guardianship over an incapacitated adult - for 3 months.

What you need to prepare to register guardianship

The person registering guardianship writes a statement to the guardianship authorities about the interests of which person they will represent.

For registration you will need:

• passport of a citizen of the Russian Federation;
• autobiography;
• extract from the original house register;
• characteristics from the workplace.

Inquiries:

• no criminal record;
• about income for the year;
• employment;
• good health, place of residence;
• about family.

Warning

If the age of the incapacitated person is 10 years or older, then a written statement from him is required.

Features of registration of guardianship

The list of documents required to obtain guardianship or trusteeship varies depending on the age and status of the ward:

• if the ward is a minor, they are guided by Cabinet Resolution No. 423 of 2009;
• if an adult needs care, Cabinet Resolution No. 927 of 2010 will help you navigate.

It must be taken into account that consent to accept a new member into the family must be obtained from all people over 10 years old living in the same living space. Guardianship officials have the right to independently question everyone and draw their own conclusions about the sincerity of intentions.

In addition to examining an apartment or house, officials may interview neighbors, ask the job for references, and use other methods to determine a candidate's emotional stability.

For people who devote themselves to caring for elderly people over 80 years of age, it is possible to count this period into the insurance period for the purpose of assigning a future pension (but only if it is clear that the guardian does not yet have the right to an old-age pension).
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Lawyer's answers to questions about collecting documents for registration of guardianship

Is it possible to become a guardian for a stranger?

Yes. Nowhere is it stated that guardianship is possible only for relatives - they are only given preference if strangers also apply to the OOiP for guardianship.

What documents are needed for mother's guardianship?

If she is not recognized as incompetent, she must provide the documents specified in the section above - “Above a disabled or elderly person.” Disability does not mean incapacity: the latter is established only through the court.

Can a 16 year old child be a guardian?

According to Art. 35 of the Civil Code of the Russian Federation, only adults can be guardians. A 16-year-old child has the right to apply for a benefit for caring for a person over 80 years of age and receive 1,200 rubles monthly.

Is it possible to obtain citizenship through guardianship?

Yes. According to Art. 14 Federal Law dated May 31, 2002 No. 62-FZ, you have the right to obtain citizenship for a foreign citizen child in a simplified manner, bypassing obtaining a residence permit, if you are a citizen of the Russian Federation and have formalized guardianship.

What payments are due to caregivers of elderly people?

Able-bodied unemployed caregivers have the right to apply for a benefit in the amount of 5,500 rubles by contacting the Pension Fund or MFC. They are also entitled to a number of regional benefits - everything must be clarified with Social Security.

Who can become a guardian

According to the provisions of the “Family Code” of the Russian Federation dated December 29, 1995. Article No. 146, the following categories of persons can take custody of a child:

1. A child's guardian can only be an adult able-bodied person.
2. Persons who have undergone training in the field of screening minor children.
3. A person in a heterogeneous marriage union can become a trustee.
4. In accordance with paragraph 3 of Art. 146 of the RF IC, it is necessary to obtain a medical examination confirming the absence of alcohol or drug addiction. Its presence is the basis for the approval of a candidate for guardianship.

Citizens who have:

1. Convictions, prosecution by criminal proceedings, court verdicts for crimes against physical or moral humiliation of a person.
2. Deprivation of the right to be a parent.
3. Gap in special training and instruction in the field of care and education for minor children.
4. As a cohabitant or common-law spouse, a person of the same sex.
5. Alcohol and drug addiction. Mental illnesses.
6. Unsuccessful experience in guardianship of minor children, namely, failure to cope with their duties, at the request of which they were appointed, the guardianship agreement is terminated.

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It is possible to obtain guardianship over a child only if he is left without the protection of his natural parents:

1. subject to their death;
2. deprivation of their rights to exercise parental responsibilities;
3. upon the fact of establishing restrictions on parental rights;

And also when parents are not able to work (provide) and raise him due to age or medical reasons.

To establish voluntary guardianship and trusteeship, a guardian must be appointed at the request of the parents themselves (the only parent). Often this is one of the family's closest relatives.

Requirements

The requirements for a guardian who is appointed voluntarily at the request of the parents are the same as for a guardian on general grounds. The guardian (trustee) must be a person:

• over 18 years old;
• capable;
• without a criminal record or prosecution by law enforcement agencies;
• in good health (confirmed by a medical certificate);
• without bad habits and addictions;
• without deprivation or restriction of parental rights;
• with a constant sufficient income;
• with property and decent housing in which a minor ward can live.

If the guardian does not comply with at least one point, there is a high probability that he will be denied guardianship. When establishing guardianship, the consent and desire of the candidate himself is required.

Rights and obligations

Guardians or trustees who are appointed at the voluntary request of the parents have all the same rights and responsibilities as other guardians, except for property management. This means that the guardian does not have the right to make transactions with the property of the ward himself, and the trustee should not allow the alienation of property or other transactions.

Obligations include:

• living together with a child if he is under 16 years old; if older, then with the permission of guardianship he can live separately;
• caring for the health of the person under care, undergoing routine medical examinations and prevention;
• careful handling of property;
• proper distribution of funds allocated for children's expenses;
• organization of training and leisure, education;
• taking care of your emotional and mental state.

All actions of guardians must be aimed at ensuring the children's interests. Guardians, with long enough supervision, can choose an educational institution in agreement with the child, usually at the child’s place of residence with the guardian.

It is strictly prohibited:

• use violent actions against the ward;
• cause mental pressure;
• kept in unsanitary conditions;
• contradict the acquisition of education;
• use and alienate property for personal gain,
• use funds allocated for the child for your own needs, etc.

Requirements for a guardian

In principle, guardianship of young children can be granted to any adult citizen, that is, the age of the caregiver is at least 18 years. But there are people who are prohibited by law from taking a teenager under supervision.

Who cannot be a guardian:

• citizens convicted of especially serious crimes, as well as crimes against a person or the safety of society;
• persons who have been deprived of parental rights in court;
• persons who have not completed mandatory training for guardianship and have not submitted a conclusion on the possibility of becoming a guardian (the exception is relatives and persons who already have guardians);
• drug addicts, alcoholics and other dependent people;
• if the person was already a guardian, but he was removed from these duties;
• disabled people of the first non-working group;
• persons with certain diseases, etc.

The Family Code also established the requirements that apply to a citizen who wishes to become a guardian.

First of all, the guardian must be an adult capable citizen, have no criminal record for causing harm to human health, and have certain moral and personal qualities. And the fact of the child’s consent will also be required.

The law established a ban on guardianship if the guardian is diagnosed with alcoholism or drug addiction, has a certain criminal record, has been deprived of parental rights, does not have special training (the latter requirement does not apply to the child’s relatives), or has certain medical diseases.

Order and procedure of registration

In order to obtain guardianship, a court decision is not required. An order from the local administration will be sufficient.

Algorithm of actions

The registration procedure is as follows:

1. It is necessary to obtain advice from the OOP.
2. Collect all necessary documents.
3. Complete training.
4. Submit an application to the OOP.
5. Obtain a conclusion that the candidate can take care of a minor.
6. Pick up a child (in the event that a person does not want to raise a specific child that is already familiar to him, but is simply looking for a child in order to take him into the family).
7. Repeated consultation at the PLO.

Let's look at some of the points in more detail.

Candidate training

Some categories of potential guardians are exempt from preliminary training, these are:

• the baby's grandparents;
• his brothers and sisters;
• aunts and uncles;
• citizens who are already raising foster children (adopted or under guardianship).

The remaining applicants must undergo training and receive a certificate.

Application Form

The application form can be obtained from the Department of Guardianship and Trusteeship. You will need to fill out the following information:

• position, surname and initials of the head of the municipality in whose territory the child will be placed in foster care;
• information about the applicant;
• petition for the issuance of an opinion;
• information that there are no contraindications for handing over the baby to the applicant;
• list of attached documents;
• date and signature.

Sample application for desire to become a guardian of a minor

Obtaining a conclusion

Once a guardian candidate submits an application, the PLO staff will take a number of steps:

1. Order the necessary information about the applicant.
2. They will conduct an inspection of his living quarters.
3. An inspection report of the applicant’s living conditions will be drawn up.
4. They will sign this act and send it to the candidate.
5. They will make a decision on the possibility or impossibility of handing over the baby to the applicant.

Selection of a ward

This procedure is necessary only if an unfamiliar baby is transferred to the family, a stranger to the applicants. Close relatives or good friends already know who exactly they are accepting into their family.

Important. One of the spouses is usually appointed as the guardian of a minor. A husband and wife cannot become guardians of the same child at the same time; only in extreme cases, two caregivers are appointed for one ward.

Getting directions

Without a referral from the OOP, the applicant cannot take independent steps to meet the baby. Personal contact with the orphanage without first obtaining this permit is unacceptable.

This rule was established in order not to further traumatize the baby, since it may happen that he becomes attached to an adult, and he will subsequently be refused to hand over this child to him to raise.

The referral is valid for ten days. During this time, the applicant must study the child’s documents (personal file and medical record) and establish personal contact with him. If a warm relationship is not established between the child and the adult during this time, or if at least some sympathy for each other does not appear, handing over the baby for upbringing is unlikely to be possible.

Acquaintance

Getting to know your baby is as follows:

1. The applicant visits the child care facility with a passport and a referral.
2. He studies the personal file of the child he is interested in and his medical record.
3. Conducts a conversation with the head of the institution and social teachers, where he receives information about the child’s personal qualities, his characteristics and answers to other questions that interest him.
4. Then the acquaintance with the minor occurs. If necessary, if contact could not be established at the first meeting, a second meeting with the baby is possible.
5. Conversation with a psychologist at a child care facility.

If the adult and the child did not make a good impression on each other, or the applicant for some reason changed his mind about raising this child until he gives up custody of him, he will not be able to receive a referral to another child.

In cases where the applicant indicated in the application that he wants to foster several brothers and sisters at once, a referral is issued for two or more children (depending on the number of blood brothers and sisters in the shelter).

Registration of guardianship

The last stage of transfer of a minor to the applicant for upbringing. He must visit the guardianship and trusteeship department no later than ten days after receiving the referral and issue written consent to guardianship. Then, within three days, an order is issued from the head of the municipality to formalize guardianship.