Regulatory framework

Current legislation regulates, through regulations at the federal level, aspects of assigning temporary guardianship to grandparents or other relatives, as well as permanent guardianship in the absence of parental care. Legislative acts reflecting these provisions:

• the law in force since April 24, 2008 under number 48, which provides for the rules of law on the tasks and goals of guardianship authorities, the appointment of trustees and guardians on a temporary basis (Article 13), the acquisition of the status of a child without the control of the mother and father, and the termination of guardianship;
• Family Code, which has been in effect since December 29, 1995. It reflects the provisions on establishing guardianship of children who have the status of being without a father or mother.

These legislative norms guide guardianship institutions that resolve issues related to the life of minors.

Guardianship of a grandson

Potential guardian candidates should be aware that the need to establish guardianship of a child arises only in two cases:

• when the minor has a status that proves that he was left without parental supervision (full custody). Such situations include circumstances in which the parents do not participate in his upbringing - they are deprived or limited in their rights, died or were declared dead or missing by the court, are in institutions of the penitentiary system;
• when a minor has no status, this means that his father and mother, due to some circumstances, avoid raising him, but by law they have the right to restore their relationship with their son or daughter at any time.

ATTENTION! In the first case, to remove the duties of a guardian, it is necessary to completely restore the parent’s rights with the participation of departments - the court, the guardianship department, and in the second, it is enough for him to independently establish contact with the minor and take him to be raised by his grandmother or grandfather.

Rights and responsibilities of a guardian

The trustee can see all the rights and obligations in the Civil Code of the Russian Federation and in Federal Law No. 48-FZ.
The citizen defends the interests of the ward. Responsibilities:

• providing assistance, care and concern;
• assistance in inventorying property;
• providing support if necessary;
• receiving social and medical assistance for the ward.

It is very important to know that the trustee must provide good conditions for the pensioner. If any agreement is certified, it may also indicate actions prohibited for the guardian. Perhaps he won’t be able to change his apartment or something else.

He has rights to the property of an elderly person, if this is agreed with the relevant authorities.
When any actions are taken with the property of the old man, a report must be submitted about them no later than the first of February. Rights:

• registration of financial incentives for care;
• living in an apartment of a senior citizen;
• using the ward's money for purposes other than his own.

According to the law, the guardian citizen can receive social assistance. It is also possible to provide a social worker for a pensioner aged 80 years. Guardianship can be waived in the following cases:

• if the income is not enough to support a pensioner;
• when your own health deteriorates;
• if you lose the opportunity to work;
• if the caregiver and the elderly person no longer get along with each other;
• when the trustee becomes incapacitated.

A person acting as a guardian does not have the right to spend the ward’s money to meet his own needs, cannot rent out the old person’s living space, and also cannot damage the pensioner’s property and sell his property.

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Registration of guardianship over a grandchild with living parents

To arrange guardianship for a child if his parents are alive, but due to certain life circumstances they cannot raise him, support him, take care of him and provide him with everything necessary, you can contact the guardianship authorities and explain the current situation to specialists. They will talk with the mother or father of the minor, identify their opinion on this issue and the future prospects for the son or daughter to be raised in a biological family.

IMPORTANT! Family policy defines the main direction of guardianship management - children should be raised in the parental family, therefore, it is the mother and father who receive priority over grandparents.

To grandma or grandpa

Relatives such as grandparents are close to the child, since they help parents from birth, are nearby, and pass on valuable life experience. The burden of establishing guardianship often falls on their shoulders if circumstances require it. When identifying a minor who needs to be placed in a family, a specialist from the guardianship department takes into account all available relatives and the opinion of the children themselves.

If the grandparents have the closest contact with the child and meet the requirements for a guardian (taking into account age, financial well-being, good living conditions), the competent authority entrusts guardianship to these candidates.

IMPORTANT! Not every relative is a reliable guardian, so before appointing a legal representative, specialists request information about the applicants from the relevant departments.

With a living mother

Usually relatives want to carry out this procedure, since the parents need to leave temporarily and undergo long-term treatment, which are valid reasons. Unfortunately, they do not always take their obligations to their children responsibly, deliberately avoiding the educational process. Guardianship authorities monitor such situations, so the period of such guardianship does not exceed 1 year , in order to enable the mother and father to take the minor away from relatives. If during this time this issue is not resolved, they have the right to apply to a judicial authority for a court decision to deprive their parents of their rights.

Without depriving parental rights

The guardian-grandmother has the right to fill out an application and provide a package of documents to the government agency where issues regarding the children’s life arrangements are resolved, without depriving the mother and father of parental rights. A positive outcome of this situation is achieved only in the case when the parents plan to take the children into their care after the expiration of the temporary representation, freeing relatives from this responsibility. If they do not plan for such prospects, then they risk facing claims from the guardianship department in court, with a desire to deprive them of maternity and paternity.

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Guardianship at the request of parents.

Sometimes parents must leave their beloved child for a certain period of time. This may be due, for example, to work characteristics or another reason. And here a grandmother or another close relative will come to the rescue. At the request of the parents, the guardianship authority will appoint a guardian for the required period of time.

Important! If there is only one parent (for example, a single mother), then he draws up the application. If there are capable mothers and fathers who are not deprived or limited in their rights, consent must be joint. If one of the parents refuses to entrust the child to another person, the appointment of this type of guardianship is impossible. A parent deprived of rights cannot interfere with the appointment of guardianship at the request of a legal representative.

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If there is an application, the grandmother needs to collect certain documents. And the guardianship authority will decide whether she can be given responsibility for the child.

The decision of the guardianship authority will necessarily indicate the validity period. Usually it is no more than 12 months. In special cases - more.

Example: “Irina and Kirill decided to move to another city. To find a job, an apartment and a school, they temporarily decided to leave their son Dima (8 years old) with Kirill’s mother. The parents wrote a request to appoint the grandmother as their granddaughter’s guardian for a period of 3 months. After the specified time, the mother took the baby with her.”

The exact application form can be obtained from the guardianship department or the district administration website. If the guardian and the child’s parents live in the same area, the application can immediately indicate the purpose of guardianship. If you have to register with the authorities of different territories, then first the grandmother must receive a conclusion about the possibility of being a candidate in her area. And then contact the social service at the child’s place of residence. Let's consider both versions of the statement:

1. to obtain an opinion on the possibility of being a candidate for guardian;
2. for the appointment of guardianship.

1. Addressed to the head of the district.
2. From the applicant (full name, date of birth, residential address, passport details, contacts).
3. The word "Statement".
4. Text “I, full name, ask for an opinion on the possibility of being a candidate for guardian.”
5. Appendix (list all names of documents provided).
6. Date, signature.

1. Addressed to the head of the district.
2. From the applicant (full name, date of birth, residential address, passport details, contacts).
3. The word "Statement".
4. Text “I, full name, ask to be appointed guardian of my minor grandson, full name, date of birth.”
5. Reason for appointment.
6. Appendix (list all names of documents provided).
7. Date, signature.

This is a different type of guardianship. It is carried out differently and requires a different design. Parents apply to the guardianship authorities and find a temporary guardian themselves.

There are situations when parents simply do not have the opportunity to be with their child:

• Because of the move.
• Business trips.
• Diseases.
• Other circumstances.

Simply leaving a child and leaving is illegal. The guardianship authorities may find out about this and deprive such parents of their rights to the child.

Therefore, it is necessary to obtain temporary guardianship.

Most often, children are entrusted to their grandmothers.

The grandmother must collect a package of documents, and after inspection by the guardianship and trusteeship authorities, a decision will be made to transfer the children to a temporary guardian.

Temporary custody of a child without deprivation of parental rights differs from custody upon application.

Temporary guardianship can last six months, and at the request of the parents, the child can be under the supervision of the grandmother for up to a year.

If circumstances require, then longer. For example, if parents are undergoing treatment, or are unable to be present due to work. The confirmation is a document: a certificate from work or from a medical institution.

How to obtain temporary custody of a child? The grandmother's consent is required to exercise guardianship duties.

The only documents required are a statement from all family members living with the grandmother agreeing to take the child into the family temporarily. You will also need your grandmother's documents: a passport.

Registration procedure

Federal Law No. 48, which reflects the algorithm for registering temporary guardianship for grandparents and other close relatives of the child, shows a step-by-step sequence of actions, a list of documents, and requirements for guardians. This procedure proceeds as follows:

• the candidate contacts the guardianship institution and receives specialist advice and a list of documents that must be provided to issue the order;
• he collects the information specified in the list, draws up an application requesting the transfer of the minor to his family;
• then, the collected information is submitted to the competent authority, where the data is analyzed (financial condition, previous experience in raising children, characteristics of a candidate from other departments are assessed);
• within 3 days after receiving the documents, the specialist must examine the applicant’s living conditions and conclude whether they correspond to the interests of the children;
• if a citizen satisfies all the requirements, he is given an order, on the basis of which he becomes the legal representative of his grandson or granddaughter.

The point of establishing guardianship is that in the absence of parents, grandparents can be responsible for the child in all instances - healthcare, education, additional employment, social sphere and other areas of public life.

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List of documents

When contacting the guardianship authority, the applicant is given a list of documents that he must submit for the final resolution of the issue.

These include:

• statement;
• identification information;
• information from place of work and residence (income certificates and characteristics);
• data on passing a medical examination;
• a certificate confirming the absence of a criminal record that qualifies against the health of other people;
• certificates establishing the fact of ownership of real estate;
• a certificate confirming the fact of the child’s birth or his passport;
• information about his medical examination;
• copies of the compulsory medical insurance policy, SNILS;
• information about studying at an educational institution;
• consent of other family members for a minor to live in the family;
• consent to stay with the children’s grandmother;
• a statement from the parents, where they indicate the reason for the guardianship and the period of their absence.

These documents are quite sufficient to formalize guardianship of a child; specialists can assess the legality and feasibility of this procedure.

Features of registration of documents for guardianship

It is necessary to submit an impressive package of documents to guardianship specialists to obtain the status of a guardian.

8 required documents:

• statement;
• a court decision confirming that the citizen has lost his legal capacity; a document on income received by the applicant for the year preceding the application;
• documents confirming ownership or right to use the premises;
• certificates confirming the ward’s ownership of real estate;
• a medical report confirming the health status of the candidate for guardianship;
• document confirming no criminal record;
• a document confirming completion of training under a special program for registration of guardianship;
• certificate issued by a medical and social examination.

Documents are reviewed no later than seven days from the date of their submission. An examination of the living conditions in which the candidate for guardianship and the ward are located is carried out.

3 areas of assessment:

• find out the living conditions of citizens;
• understand the relationship between the applicant and the senior citizen;
• assess the applicant’s personal qualities.

Based on the results of the study, a report is drawn up. It is signed by an authorized specialist and the head of the guardianship unit. A decision on the application is made no later than fifteen days. The period is counted from the date of drawing up the act.

To register guardianship over an elderly person in the form of patronage, you need to provide the following documents to SOBES:

• certificates from dispensaries;
• property papers;
• a document confirming that there is no debt for utilities;
• autobiography;
• certificate of marriage, divorce, number of dependents;
• certificate from the clinic;
• characteristics from the place of work.

Sample application

The application for guardianship is a document with the help of which the candidate’s request is expressed, therefore, without it, the data package cannot be considered.

It includes information about:

• identity of the relative (passport data);
• registration and residence address;
• information about the child (last name, first name, patronymic, date of birth);
• the applicant’s request and position regarding the establishment of guardianship;
• additional information about the candidate (what education he has, experience in raising children);
• training as an applicant for caregiver training programs.

The application must be filled out correctly and the information must be reliable; if any facts are concealed, the government agency has the right to consider removing responsibilities from the relative.